How does Section 83(5) of the BCSC's Rules of Civil Procedure apply to a claim for Part 7 disability benefits?
British Columbia, Canada
The following excerpt is from Zhang v 328633 B.C. Ltd., 2021 BCSC 650 (CanLII):
Section 83(5) provides that after the assessment of damages, the amount of Part 7 benefits paid or payable must be disclosed and taken into account. Where the amount of benefits has not yet been ascertained, the court must estimate. The process for determining deductions thus takes two steps: (1) determining entitlement, and (2) determining or estimating the amount: Siverston v. Griffin, 2020 BCSC 528 at para. 13.
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