The appellant appealed a trial judgment that limited her long-term disability benefits and assessed her wrongful dismissal notice period at 12 months.
The respondent cross-appealed the calculation of short-term disability benefits.
The Court of Appeal allowed the appeal, finding no evidence to support the trial judge's conclusion that the appellant failed to mitigate her disability by not seeking medical assistance.
The court increased the notice period to 18 months based on the Bardal factors.
The cross-appeal was dismissed, affirming that short-term benefits should be calculated on base pay and commissions.