Seriously injured car crash victims will now receive less money in their pockets after trial for loss of future income damages claims given the December 10, 2018 Nova Scotia Court of Appeal decision in Sparks v Holland.
In the past, certain types of income replacement benefits received by an injured Plaintiff were not deducted from a Plaintiff’s award for loss of future income. These were referred to as collateral benefits.
In the past, Canada Pension Plan Disability [CPPd] benefits were not deducted from future income loss awards. Unfortunately, the highest Court in Nova Scotia has ruled that future CPPd are not a collateral benefit and are indeed deductible from loss of future earning capacity and loss of future income damages awards made at Trial.