IBM Appeals Wrongful Dismissal Decision; Case Raises Question of Double Recovery
On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action.
The case raises the question of what, if any, damages a terminated employee is entitled to if that person immediately starts receiving benefits from a fully funded pension or disability plan.



