When will a claim for loss of earnings be deducted from income before retirement because of disability?

Manitoba, Canada


The following excerpt is from Holian v. United Grain Growers Limited, 1980 CanLII 2724 (MB QB):

I recognize that if I had followed what was done in Guy v. Trizec Equities Ltd. et al.(1979), 1979 CanLII 232 (SCC), 99 D.L.R. (3d) 243, [1979] 2 S.C.R. 756, 32 N.S.R. (2d) 345, and had assumed that the plaintiff would retire at some specific age short of 65, say, age 62, it would not have been necessary to consider the question whether any contingency deduction should be applied to a claim for loss of earnings. However, I did not adopt the approach followed in Guy v. Trizec Equities Ltd. because I felt that the plaintiff would have worked until age 65 if he had been physically able to do so and that it was, therefore, fairer to make a percentage deduction to allow for the contingency of disability rather than to assume that the plaintiff would have ceased working at some arbitrary age before 65 and to have awarded actual loss of wages only up to that date.

Other Questions


Does an arbitrator’s analysis of the definition of a Subpara-SIL Claim (b) fail to give effect to all words of the SIL Claim definition? (Manitoba, Canada)
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay? (Manitoba, Canada)
What are the quantum increases in income earned by the petitioner's wife since trial? (Manitoba, Canada)
What is the test for grossed-up dividend income in an income tax return? (Manitoba, Canada)
What is the definition of a “defence of a claim” and what is the effect of the claim? (Manitoba, Canada)
How have the courts dealt with a claim for the return of client files from a plaintiff law firm? (Manitoba, Canada)
What is the test for evidence of fraud in an insurance claim? (Manitoba, Canada)
What is the test for imputing income on the basis of intentional under-employment? (Manitoba, Canada)
What is the test for a motion to delay a plaintiff's claim under the Rules of Civil Procedure? (Manitoba, Canada)
In what circumstances will the court award damages for loss of income based on historical pay equity? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.