Amid the Covid-19 pandemic, the Canadian government has provided various social benefit programs, including the Canada Emergency Response Benefit (“CERB”).  However, it was unclear whether CERB payments should be reduced from wrongful dismissal damages, until recent cases shed some light. Two Ontario Superior Court of Justice decisions (Fogelman v. IFG, 2021 ONSC 4042, “Fogelman”, in June; and Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998, “Iriotakis”, in February) have suggested that CERB payments are not deductible from wrongful dismissal damages.

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