Simmons v. Webb
Wrongful Dismissal: Deducting Disability Benefits & Mitigation
Summary
This is an appeal from a wrongful dismissal trial decision addressing whether disability benefits and gross sales from a new business should be deducted from general damages for wrongful dismissal. The Court of Appeal applied principles from Sylvester and Sills, finding the disability policy was privately placed and thus not deductible, and rejected the deduction of gross sales due to lack of evidence, though net income of $7,439 was deducted. The appellants were partially successful on appeal, and the respondents were awarded partial costs of $10,000.
Outcome
appeal allowed in part
Award
Respondents awarded partial costs of $10,000; net income of $7,439 deducted from damages award.
Key Factors
- wrongful dismissal
- mitigation of damages
- disability benefits
- deduction of income
- appellate costs
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