Can private insurance benefits from an employer be deducted from an employee's damages award?
British Columbia, Canada
The following excerpt is from Hogan v 1187938 B.C. Ltd., 2021 BCSC 1021 (CanLII):
In Waterman at para. 44- 47 and 56, the court discussed the private insurance exception, and distinguished two cases in which the exception was not applied to sick leave benefits and disability payments. Generally, benefits received from private insurance payments are not deducted from damage awards. In the two cases where the benefits were deducted it was found that the benefits were intended to be an indemnity for the type of loss that resulted from the employer’s breach but the employee had not contributed in order to obtain the entitlement: Sylvester v. British Columbia, 1997 CanLII 353 (SCC), [1997] 2 S.C.R. 315; and Ratych v. Bloomer, 1990 CanLII 97 (SCC), [1990] 1 S.C.R. 940.
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