The plaintiff’s position is that the defendant lost the right
to such an assignment because
(a) the defendant opposed the jury being required to answer
a question in which they identified both the annual loss of
income and the number of years of future loss of income;
(b) as a result, it is not possible to match, on a temporal basis,
the LTD benefits received over time against a specific annu-
alized loss of income.
 In response, the defendant submits that neither the relevant statutory provision nor the case law require temporal
matching of the kind suggested by the plaintiff with respect to
an assignment of LTD benefits.
 This area of the law is evolving and remains unsettled.
The most recent evolution of the law with respect to deductions
for and assignment of collateral benefits is reflected in the following decisions of the Ontario Court of Appeal: Gilbert v. South
(2015), 127 O.R. (3d) 526,  O.J. No. 5573, 2015 ONCA 712;
Fonseca v. Hansen,  O.J. No. 2150, 2016 ONCA 299, 348
O.A.C. 112; Basandra v. Sforza (2016), 130 O.R. (3d) 466, 
O.J. No. 1749, 2016 ONCA 251, 348 O.A.C. 193; and El-Khodr v.
 These issues were also addressed by the Court of Appeal
in Cobb (see para. 9, above), a decision released at the same time
as the decision in El-Khodr.
 For two reasons, as of the date of argument of these
issues before me the law remained unsettled. First, an application had been made in El-Khodr for leave to appeal to the
Supreme Court of Canada. Second, the Court of Appeal was in
the process of scheduling a hearing, before a five-member panel,
in Cadieux (Litigation guardian of) v. Cloutier,  O.J.
No. 6653, 2016 ONSC 7604, 274 A.C.W.S. (3d) 840 (S.C.J.). It is
anticipated that the Court of Appeal will in Cadieux address the
issues of deduction and/or assignment of collateral benefits.
 Understandably, the parties in the matter before me
require finality. They agreed to proceed with argument and
request my ruling on the defendant’s motion for an assignment.
a) Statutory provision and general principles
 The defendant’s request for an assignment with respect to
LTD benefits is made pursuant to s. 267.8(12) of the Act. That
section addresses the potential entitlement of a plaintiff to a
number of different types of collateral benefits including LTD