Can collateral benefits be deducted from a plaintiff's claim?
Nova Scotia, Canada
The following excerpt is from Fraser v. Hunter Estate, 2000 NSCA 63 (CanLII):
The parties agree that collateral benefits which are similar to indemnity insurance are not to be deducted, provided the plaintiff offers some evidence of direct or indirect contributions towards those collateral benefits whether made through a collective agreement or contract of employment. (See: Cunningham v. Wheeler, 1994 CanLII 120 (SCC), [1994] 1 S.C.R. 359.)
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