View cases - Stewart McKelvey

- 35 -Pre-judgment interest[76] Mr. Coppola has claimed pre-judgment interest pursuant to The Pre-judgment InterestAct, S.S. 1984-85-86, c. P-22.2. Interest shall be payable on that portion of this judgmentwhich represents pay in lieu of notice in accordance with s. 6(2) of the Act calculated at threemonth intervals commencing June 28, 2002, (excepting that portion paid to him as severanceon July 2, 2002). Interest shall be payable in accordance with s. 6(1) of the Act on thatportion of the judgment which represents aggravated damages from January 1, 2003.2011 SKQB 318 (CanLII)Employment insurance[77] Mr. Coppola reported receiving $8,673.00 in employment insurance in 2002 and$6,195.00 in 2003. I am unable to ascertain whether all of the employment benefits receivedin these years relate to the period between his dismissal in June 2002 and his return toemployment with Quick Response Mortgage Services Ltd. The issue is pertinent because ofthe application of ss. 45 and 46 of the Employment Insurance Act, S.C. 1996, c. 23 whichstate:45. If a claimant receives benefits for a period and, under a labour arbitration awardor court judgment, or for any other reason, an employer, a trustee in bankruptcy orany other person subsequently becomes liable to pay earnings, including damagesfor wrongful dismissal or proceeds realized from the property of a bankrupt to theclaimant for the same period and pays the earnings, the claimant shall pay to theReceiver General as repayment of an overpayment of benefits an amount equal tothe benefits that would not have been paid if the earnings had been paid or payableat the time the benefits were paid.46.(1) If under a labour arbitration award or court judgment, or for any other reason,an employer, a trustee in bankruptcy or any other person becomes liable to payearnings, including damages for wrongful dismissal or proceeds realized from the