The Collateral Benefits/Tort Interface

Stephen Ross and Meryl Rodrigues have written an updated comprehensive paper on the interaction between tort claims and collateral benefits.

The initial version of this paper was relied on by the Court of Appeal in El-Khodr v. Lackie, 2017 ONCA 716, wherein it was held that strict qualitative and temporal matching should not be required in the assignment of collateral benefits.

The paper addresses the deductibility of collateral benefits, the trust/assignment mechanism for future collateral benefits, and practical strategies for handling collateral benefits.

Click here for the paper.