In the recent case of Mazzucco et al. v. Herer et al, 2015 ONSC 7083, the Court analyzed the law in respect of deductions and set offs between disability benefits such as Canada Pension Plan (CPP) benefits and Long Term Disability (LTD) benefits and Income Loss damages where a disabled person received both. This case involved an injury victim seeking damages arising from medical malpractice. The Court decided on how deductions are applied when the injury victim receives both CPP and LTD benefits from past and future income loss. In this case, Mr. Justice Skarica stated that the following were existing legal principles in Ontario: Negligence damages are measured by actual loss. While there are some exceptions, “double recovery” is not awarded. One exception to the prohibition on …