What is the test for determining whether a plaintiff is entitled to a reduction in his retirement income as a result of the loss of a portion of his disability benefits?
British Columbia, Canada
The following excerpt is from Gustavson v. TimberWest Forest Corp., 2011 BCPC 272 (CanLII):
The Claimant relies on Kennedy v. Canadian Saltfish Corporation (supra) where the court awarded damages to the plaintiff in that case, in similar circumstances to these. The award was in an amount which would permit the plaintiff to acquire the additional benefits that had been covered and were subsequently eliminated from his retirement package.
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