How are lost sick bank credits calculated in circumstances such as motor vehicle accident?
British Columbia, Canada
The following excerpt is from Heuring v Smith, 2018 BCSC 233 (CanLII):
The case authorities differ somewhat with respect to how lost sick bank credits should be calculated. In Roberts v. Earthy, [1995] B.C.W.L.D. 1497 (S.C.), the plaintiff lost 37 days from his accumulated or banked sick leave time as a result of a motor vehicle accident and was awarded the full cost of replacing those sick days, without any contingency attached. Mr. Justice Clancy reasoned as follows at para. 12:
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