This issue was considered in the British Columbia Court of Appeal decision in Forshaw v Aluminex Extrusions, a decision rendered in August of 1989. The plaintiff, at trial, was awarded
Disability Benefits The first issue has been the subject of debate following the release of the Supreme Court of Canada decision in Sylvester. In 1986, the Ontario Court of Appeal
Justice Chapnick of the Ontario Supreme Court reviewed this issue in the June 1995 in Emery v Royal Oak. The plaintiff had received pension income for the last 12 months
CERB Benefits – Deducted from Wrongful Dismissal Award or Not? Two recent appellate decisions from British Columbia and Alberta have concluded that CERB payments should not reduce the damage award
Justice Chapnick of the Ontario Supreme Court reviewed this issue in the June 1995 in Emery v Royal Oak. The plaintiff had received pension income for the last 12 months
Comparable Offers – Failure to Mitigate This was a February 2008 decision of Justice Bruce of the British Columbia Supreme Court in which there was a finding of failure to
It would be expected that human rights tribunals and similar administrative forums dealing with reinstatement or termination claims would apply the same legal concepts as a common law court. This
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