Sean Omar Henry v. Dr. Marshall Zaitlen

2022 ONSC 2718 (CanLII)Decided

Deducting Collective Agreement Benefits from Tort Damages

Summary

This case addresses whether long-term disability benefits and pension contributions received under a collective bargaining agreement should be deducted from a jury's award for past income loss in a tort claim. The court analyzed the application of the private insurance exception, subrogation rights, and the principle of preventing double recovery, applying Supreme Court of Canada precedents such as Ratych v. Bloomer and Cunningham v. Wheeler.

Outcome

null

Award

null

Key Factors

  • collective bargaining agreements
  • disability benefits
  • deduction from damages
  • private insurance exception
  • subrogation rights

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.