– Sabean v Portage LaPrairie Mutual Insurance Company, 2013 NSSC 306
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim. Portage LaPrairie Mutual (“Portage”) argued that the value of future CPP benefits payable to Sabean were deductible under the provisions of the SEF 44 Family Protection Endorsement because CPP disability benefits properly fall within clause 4(b)(vii) as “any policy of insurance providing disability benefits or loss of income benefits or medical expense or rehabilitation benefits”. Sabean argued that, on the plain reading of the endorsement, future CPP benefits do not fit into any of the enumerated sources listed, including clause 4(b)(vii).
