The Appellant cites yet another principle in support of the claim for a bonus. On the authority of Sylvester v. British Columbia, 1997 CanLII 353 (SCC), [1997] 2 S.C.R. 315, he argues that damages should be awarded on the basis that the employee would have worked during the notice period. In particular, reference is made to the comments of Major, J. in Sylvester at para. 9: “The fact that an employee could not have worked during the notice period is irrelevant to the assessment of these damages. They are based on the premise that the employee would have worked during the notice period. Therefore, an employee who is wrongfully dismissed while working and an employee who is wrongfully dismissed while receiving disability benefits are both entitled to damages consisting of the salary the employee would have earned had the employee worked during the notice period.” [Emphasis added]
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