Sylvester v. British Columbia, [1997] 2 S.C.R. 315 (1997)

Sylvester v. British Columbia, [1997] 2

S.C.R. 315

Her Majesty The Queen in right of the Province of British Columbia Appellant v.

Ossie Sylvester Respondent

Indexed as: Sylvester v. British Columbia

File No.: 24891.

1997: February 13; 1997: May 29.

Present: Lamer C.J. and La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for british columbia

Labour law -- Dismissal -- Severance pay -- Employee terminated while receiving disability benefits -- Employer offering severance package of salary minus disability benefits being received -- Whether disability benefits should be deducted from damages for breach of employment contract during the notice period.

The respondent, a B.C. government contract employee, was terminated during a period when he was receiving disability benefits. The employer offered him severance of 12.5 months' salary, less any disability benefits received during that time. The re...

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