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Deduction of Pension Benefits From Wrongful Dismissal Damages


Lawyer Joe Conforti
Area Employment and Labour


Article originally published in Executive Employment, Volume XIX, No. 1, 2013

Excerpt from "Deduction of Pension Benefits From Wrongful Dismissal Damages":

In assessing damages for breach of contract, the “compensation principle” mandates that the innocent party should be placed in the same economic position that he or she would have been in had the contract been properly performed.  As a corollary, avoided and avoidable losses must be accounted for and deducted from damages.

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