Does a disability benefit received during a notice period from a disability plan established solely by an employer be deducted from damages?
Ontario, Canada
The following excerpt is from Dowling v. TNT Logistics North America, 2005 CanLII 18293 (ON SC):
In Sylvester v. British Columbia (1997), 1997 CanLII 353 (SCC), 146 D.L.R. (4th) 207 (S.C.C.) (“Sylvester”), Major J. considered whether disability payments received by an employee during a notice period from a plan established solely by an employer should be deducted from damages. Major J. states, “the answer depends on the intention of the parties to the employment contract” (at para. 2).
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