What is the test for deductibility of disability benefits when an employee seeks to claim damages for wrongful dismissal?
Ontario, Canada
The following excerpt is from Beattie v. Women’s College Hospital, 2018 ONSC 1852 (CanLII):
In this regard, the parties placed significant weight on Sylvester v. British Columbia, 1997 CanLII 353 (SCC), [1997] 2 S.C.R. 315. Sylvester is useful in this case to the extent that it recognizes at pp. 324-25 a caveat to the deductibility of benefits in circumstances where an employee “seek[s] benefits in addition to damages for wrongful dismissal on the basis that the disability benefits are akin to benefits from a private insurance plan for which the employee provided consideration.”
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