Following a jury trial for damages arising from a motor vehicle accident, the court determined whether long-term disability benefits received by the plaintiff from a private Manulife policy were deductible from the jury's award for past and future income loss.
The court held that the Manulife benefits met the criteria under s. 3(7)(d) of Ontario Regulation 34/10, as they were offered to employed persons and the maximum benefit was calculated with reference to employment income.
Consequently, the benefits were deemed payments under an income continuation benefit plan, making them deductible from the income loss award and subject to assignment under s. 267.8 of the Insurance Act.
