What is the test for deductibility of disability benefits when an employee seeks to claim damages for wrongful dismissal?
Ontario, Canada
The following excerpt is from Beattie v. Women’s College Hospital, 2018 ONSC 1852 (CanLII):
In this regard, the parties placed significant weight on Sylvester v. British Columbia, 1997 CanLII 353 (SCC), [1997] 2 S.C.R. 315. Sylvester is useful in this case to the extent that it recognizes at pp. 324-25 a caveat to the deductibility of benefits in circumstances where an employee “seek[s] benefits in addition to damages for wrongful dismissal on the basis that the disability benefits are akin to benefits from a private insurance plan for which the employee provided consideration.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does short-term disability benefits paid to a terminated employee from September 17, 1991 include overtime payments made by the terminated employee in the calculation of damages for wrongful dismissal? (Ontario, Canada)
Does a disability benefit received during a notice period from a disability plan established solely by an employer be deducted from damages? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for damages that would otherwise have been awarded in the context of a claim for wrongful dismissal? (Ontario, Canada)
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
In what circumstances will a court dismiss a claim for wrongful dismissal? (Ontario, Canada)
If a plaintiff is found to be disabled by the date of trial, can she still claim for future disability benefits? (Ontario, Canada)
What are the grounds for moral damages in the context of a wrongful dismissal claim? (Ontario, Canada)
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
How much reduction of payments under a WSIB plan for a disabled employee is reduced by any payment to which the disabled Employee is entitled for that month? (Ontario, Canada)
Is a plaintiff's claim for damages arising naturally from his wrongful dismissal? (Ontario, Canada)
