Court Makes Award For Banked Sick Time On “Gross” Amount Basis

In Kilian v. Valentin, the Plaintiff was injured in a rear-end collision, and brought an ICBC claim for damages. The Plaintiff claimed nearly $10,000.00 in loss of banked sick time, which the Court awarded.


[126]     The cost to Ms. Kilian to buy back those 29.6 days is $307, for a total of $9,087. Ms. Kilian testified that she intended to buy back those days, as she has very few days left in her sick back and is concerned about future exacerbations of her neck symptoms.


[127]     I conclude that Ms. Kilian is entitled to an amount of $9,087 to replenish her sick bank. Given the purpose of this award, there will be no deduction for income taxes on this amount (Bjarnson v. Parks, 2009 BCSC 48 (CanLII), 2009 BCSC 48).

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