The employee’s obligation, comparable employment and the calculation of loss.
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 damages based on a 14 month notice period, based on
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 in McKay v. Camco determined the manner in which a
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 of the agreed severance period of 30 months. The employer
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 for failure to provide fair notice. BCCA The decision in
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 of the agreed severance period of 30 months. The employer
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 mitigate by not accepting an alternate offer of employment. Within
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 was not the case, however, in the British Columbia Supreme
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