Is a deduction made for savings made from a common law claim?
British Columbia, Canada
The following excerpt is from Brady v. A.E. LePage (B.C.) Ltd., 1989 CanLII 2711 (BC SC):
By the decision in Jacks v. Davis, supra, it is clear in British Columbia that where damages are awarded in respect of a common law action, a deduction will be made for a benefit received by way of tax savings. In Jacks v. Davis damages were determined in accordance with the common law principles for fraud. The savings were deducted from the measure of damages.
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