In a wrongful dismissal action, is income tax calculated as a factor in determining damages?
Alberta, Canada
The following excerpt is from Ofstedahl v. Cam-Set Mechanical Contractors Ltd., 1973 ALTASCAD 94 (CanLII):
In conclusion I am of the opinion that income tax should not be taken into account in assessing damages for wrongful dismissal for the reasons set out above, and particularly for the reasons set forth so clearly and succinctly in the minority views set out in the 7th Report of the Law Reform Committee referred to with approval by Judson J. in The Queen v. Jennings.
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