Another case upholds CERB as a reduction of wrongful dismissal damages
Cases from Western Canada seem to support the proposition that CERB payments are deductible while the older cases from Eastern Canada tend to go the other way.
wrongful dismissal damages
BCSC says that CERB is deductible from wrongful dismissal damages
In Reotech Construction Ltd. v. Snider, BCSC 317, Justice Fleming, sitting on appeal from a decision of the Provincial Court, found that the trial judge erred when the Court failed to deduct the $9,000 CERB payment received by the Plaintiff from the damage award.
Employers encouraged to settle “valid claims”
The plaintiff employee in Lemyre v. Residential Energy Savings Products Inc. (2020 ONSC 7866) successfully brought a claim for wrongful dismissal damages against her former employer. At trial, the court awarded to the plaintiff $41,000.00 in damages.
