In Economical Mutual Insurance Co. v. Lapalme, the New Brunswick Court of Appeal addressed the issue of the deductibility of Canada Pension Plan disability benefits under the equivalent of the standard SEF 44 Endorsement.  The Court narrowly interpreted the Supreme Court of Canada decision in Somersall v. Friedman with respect to the relevant date for quantification of benefits payable, finding that while the date of accident is the relevant date for determination of the legal entitlement to recover against an underinsured motorist, the relevant date for quantification of that entitlement is the date of adjudication of the claim.  This finding challenges decisions of both the Nova Scotia Court of Appeal (Campbell-MacIsaac v. Deveaux) and the Prince Edward Island Court of Appeal (MacNeill v. Co-operators).

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