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.
The Court referred to the following factors in making this decision:
1. CERB was not private insurance nor did the Plaintiff contribute ( unlike EI where the employee pays part of the premium).
2.There was no obligation under the CERB legislation whereby the Plaintiff would be required to repay CERB ( again unlike EI)
3. As such, the application of the collateral benefit rule did not apply.
4. CERB was designed to be a indemnification against wage loss and to not deduct it from the award would put the Plaintiff a better position than had the contract not been breached by failing to pay reasonable notice.
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