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Excerpt from Jensen v. Thompson

Loss of Income and Pension Benefits

[97] Mrs. Jensen has advanced a claim for past loss of income from the date of the accident to the date of trial. There is a future loss claim from the date of trial to the date this court sets for her retirement which is age 63. There is a claim for the differential between the value of the medical retirement benefits Mrs. Jensen now has versus the full pension she would have had, "but for" the accident. I accept the calculations provided in Brown's report which are based on Mrs. Jensen's collective agreement.

[98] I believe therefore that past income loss is $151,110.001 inclusive of pre judgement interest calculated by deducting the sum of $ 7,713.00 (Mrs. Jensen's actual deductible pre-trial earnings) from her gross past income loss of $ 158,823.00.

[99] Mrs. Jensen's future loss claim based on Brown's calculation with retirement at age 63 is $ 113,316.00 including prejudgment interest and discounted at 3.85%, a rate which I find to be reasonable.

[100] However, if I have inadvertently erred in interpreting the tables in the Brown report, counsel are at liberty to attend before me to review the calculations in consultation with their respective economic expert. I note that Gerry Taunton of PETA Consultants Ltd., who authored the economic assessment report of the defendants did not dispute the general calculations taken from the collective agreement for federal employees.

In summary, the damages and loss suffered by the plaintiff were awarded as follows:


1. General Damages    $ 55,000.00
2. Past loss of income    $187,725.001
3. Future loss of income    $113,316.00
4. Loss of Housekeeping capacity    $ 7,500.00
5. Loss of Pension Benefits    $ 56,265.002
6. Special Damages    $ 1,711.08
Total:    $421,517.083

[1] In the original judgment released December 6, 2002, the past loss of income was $151,110, but this was based on retirement age of 59, not 63, which was why the figure increased to $187,725 in a subsequent hearing.
[2] In the original judgment released December 6, 2002, the loss of pension benefits was $60,200, but this was based on retirement age of 59, not 63, which was why the figure decreased to $56,265 in a subsequent hearing.
[3] The original total was $388,837.08.