Disability benefits are contractual. In Sylvester v. British Columbia, 1997 CanLII 353 (SCC), [1997] 2 S.C.R. 315, an employee of the British Columbia government had his employment terminated when he was receiving disability benefits. The disability benefits came from the Government’s own plan and the cost of the plan was borne by the Government. Sylvester concerned damages to be awarded on wrongful dismissal, specifically whether disability benefits should be deducted from damages for wrongful dismissal. In the discussion of that issue, Major J. made an observation which I believe is apropos this case. He noted that, in the circumstances described above, disability provisions should not be considered contracts which are distinct from the employment contract, but rather as integral components of it (para. 13).
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