Is a collateral benefit or an independent mitigating factor a factor in determining damages for the cost of future care?
British Columbia, Canada
The following excerpt is from Wipfli v. Britten, 1983 CanLII 432 (BC SC):
The principles for determining the deductibility, or non-deductibility, of a collateral benefit or an independent mitigating factor have been extended to the determination of damages for the cost of future care: see McLeod v. Palardy, supra. That case, like this, dealt with the cost of future care, and its facts were similar indeed to the facts of this case.
I return to the test used in Daish v. Wauton, quoted supra, to identify: … benefits not to be regarded as mitigating loss, whether as a result of legislation or contract or benevolence; namely, [were they] "conferred … independently … of a right of redress against other but so that they may be enjoyed by him [the plaintiff] although he enforce that right … [?]"
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