The plaintiff was injured in a motor vehicle accident and subsequently received Canada Pension Plan (CPP) and Hospitals of Ontario Pension Plan (HOOP) disability benefits.
The defendants brought a motion to determine whether these benefits were deductible from any tort award for loss of income or loss of earning capacity under s. 267.8(1)2 of the Insurance Act.
The motion judge ruled they were not deductible.
The Court of Appeal dismissed the defendants' appeal, holding that the benefits fall within the private insurance exception at common law, and the statutory addition of 'loss of earning capacity' did not clearly and unambiguously change this rule.
Furthermore, the benefits were paid in respect of the plaintiff's disability, not 'in respect of the incident' as required by the statute.
