What is the test for deducting sick pay benefits from the calculation of past lost wages?
British Columbia, Canada
The following excerpt is from Teixeira v. Krauss, 1998 CanLII 5795 (BC SC):
As for the sick pay benefits, the onus is on the plaintiff to establish that the sick pay benefits would not amount to double compensation if she was awarded full compensation for past lost wages without deduction of the sick pay benefits from the calculation. To do this she must establish that she has given up something in return for those benefits. She has not met that burden. (See Ratych v. Bloomer and Roberts v. Earthy, [1990] B.C.J. No. 1034).
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