The defendant physician was found negligent by a jury. The plaintiff was awarded damages, which included damages for past loss of income. The defendant brought a motion to deduct the LTD and pension contribution benefits the plaintiff had received, from the award of damages for past loss of income. Justice Sanfilippo dismissed the motion, holding that the benefits could not be deducted because the provider had a right of subrogation right under the contract. He held that it was irrelevant that the provider was unlikely to pursue subrogation. In the circumstances where the contract provided for a subrogation right, the deduction was not permitted.
