What is the test for damages in a wrongful dismissal action?
British Columbia, Canada
The following excerpt is from Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23 (CanLII):
In my opinion, the applicable principle is that damages in a wrongful dismissal action are to be assessed on the basis of the plaintiff’s entitlement to benefits throughout the period of reasonable notice. A plaintiff is entitled to compensation for the loss of the opportunity to share in whatever pecuniary benefits would have flowed from being an employee during the notice period: Hawkes v. Levelton Holdings Ltd., 2012 BCSC 1219 at para. 309, aff’d 2013 BCCA 306.
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