Is a plaintiff required to share the benefits of his pension contributions with the tortfeasor when it is calculated in the calculation for his loss?
British Columbia, Canada
The following excerpt is from Wangert v. Saur, 2013 BCSC 99 (CanLII):
The plaintiff’s position is to the effect that if his actual pension is used as a basis of the calculation for his loss then, since it includes pensionable earnings based on both actual and constructive earnings, then he is “forced to share the benefits of his contributions … with the tortfeasor”: see Kean v. Porter, 2008 BCSC 1594 at paras. 108 to 111.
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