In Mazzucco et. al. v Herer et. al, 2015 ONSC 7083 (CanLII), The Court the Ontario Superior Court of Justice recognized the long-standing principle that negligence damages are to be measured by actual loss and double recovery is prohibited. Yet, this principle has been subject to the “private insurance exception”. Courts have applied this exception in the context of LTD benefits. In particular, if these benefits were obtained under the terms of a collective agreement, they were held not to be deductible from a claim for lost wages.
Would this means that if you obtain your LTD payment through private collective agreement (which means a group insurance policy), and your CPP disability benefit got approved, the insurance company are not title to deduct you CPP disability payment from your LTD payment?