Can a plaintiff claim compensation for the loss of sick bank credits?

British Columbia, Canada


The following excerpt is from Bemister v Boucher, 2022 BCSC 67 (CanLII):

Bjarnason v. Parks, 2009 BCSC 48, considered compensation for the loss of sick bank credits. Ballance J. reviewed the jurisprudence and noted that the court “has long recognized the loss of sick bank credits as a compensable loss” (at para. 56). After noting a lack of evidence pertaining to the details of the sick bank system in question, she concluded, at para. 63: As best I can decipher from the evidence, the [sick bank loss that the plaintiff] has sustained is a potential future loss in the sense that it would only be experienced if she has insufficient sick leave credits to adequately cover a future period of absence due to illness in respect of which she could have drawn upon the lost sick bank for income continuation. [Emphasis in original.]

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