What is the private insurance exception in the context of special damages?
British Columbia, Canada
The following excerpt is from Clayton v Barefoot, 2018 BCSC 239 (CanLII):
The private insurance exception is often challenged in the context of special damages. For example, in Napoleone v. Sharma, 2008 BCSC 1746, Bruce J. was unable to apply the private insurance exception to an award of special expenses because there was no evidence of any consideration passing between the plaintiff and employer in respect of the plaintiff’s extended health benefit. At paras. 9-12, Her Ladyship wrote:
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