CPP disability benefits are non-indemnity payments and are not deductible from statutory accident benefits.
The applicant was injured in a motor vehicle accident and received statutory accident benefits as well as CPP disability benefits.
The insurer argued that the parties had previously reached a binding settlement that CPP benefits were deductible, and alternatively, that CPP benefits are payments for loss of income and thus deductible under the Schedule.
The arbitrator found that no binding settlement was reached as there was no consideration given for the applicant's prior acknowledgement of the state of the law.
Furthermore, following appellate authority, the arbitrator held that CPP disability benefits are non-indemnity payments triggered by disability, not payments for loss of income, and therefore are not deductible from the applicant's gross weekly income.
Henry A. Goos v. Non-Marine Underwriters, Members of Lloyd's, 1997 ONICDRG 99