The appellant employer appealed a trial judgment awarding the respondent former employee damages for lost long-term disability (LTD) benefits and punitive damages following a wrongful dismissal.
The respondent had been diagnosed with cancer after finding alternate employment and claimed he would have been entitled to LTD benefits under the appellant's plan.
The Court of Appeal upheld the LTD benefits award, finding sufficient medical and vocational evidence that the respondent was totally disabled and incapable of working, thus negating any failure to mitigate.
However, the Court set aside the $15,000 punitive damages award because it had not been pleaded or sought at trial.
