What is the effect of ss. 25(1), (2), (4), (5) and (6) in the calculation of damages for a plaintiff's estimated amount of benefits?
British Columbia, Canada
The following excerpt is from Ballen v. Ballen, 2000 BCSC 1264 (CanLII):
The combined effect of ss.25(1), (2), (4) and (5) is that the estimated amount of benefits the plaintiff was entitled to receive must be deducted from damages awarded to the plaintiff, and this deduction is mandatory, not discretionary: Hasselbach v. Mudri (1988), 33 C.C.L.I. 312 (B.C.S.C.). The deduction must be taken into account before costs are considered.
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