The defendants in a solicitor's negligence action brought a motion seeking a determination that the plaintiff's prior long-term disability settlement was deductible in the underlying tort action, an order removing the plaintiff's counsel, a declaration that counsel is a compellable witness, and disclosure of the terms of a partial settlement with one defendant.
The court held that the long-term disability settlement was a deductible collateral benefit under the 'silo approach'.
However, the court dismissed the motion to remove counsel, set aside the summons to counsel as premature, and held that no further disclosure of the partial settlement was required.
