Does a plaintiff have to pay back wages received by two employers during periods she missed work?

Saskatchewan, Canada


The following excerpt is from Gorrill v. White et al., 1991 CanLII 7659 (SK QB):

Further, I must apply the rule in Ratych v. Bloomer, 1990 CanLII 97 (SCC), [1990] 1 S.C.R. 940; 107 N.R. 335; 39 O.A.C. 103, at p. 983. The two employers who paid the plaintiffs wages during the periods she missed work have established no valid claim to have these wages repaid out of any damages awarded to the plaintiff. Indeed, no attempt of any kind was made by the employers to establish such entitlement. Further, the plaintiff did not suggest that if she succeeded under either or both of these heads, that she would feel even morally obligated to pay to those employers any amounts so recovered.

In the words of Ratych v. Bloomer, supra, at p. 983, I am not "satisfied that (it) is both necessary and appropriate in the interests of justice" for me to use the device of a trust for the purpose of requiring double compensation to be paid to the plaintiff as to those particular wages. I have considered the discussion on this subject in Fobel, supra, at pp. 413-416, and while I find that the payments of these wages were made ex gratia, I cannot and do not find "some obligation, moral if not legal, to repay" the employers (Ratych at p. 983).

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