$125,640 was stripped from a constructive-dismissal award after Ontario's Court of Appeal ruled a company tow truck and cellphone were work tools, not compensable employment benefits.
The court still upheld the finding that B&B Towing had not frustrated Jack Hill's contract, saying his physical limits were temporary, could be accommodated, and did not stop him from performing the essential duties of road boss within a reasonable time.
Hill had worked about 17 years in the role, with towing making up roughly 10% of his duties; after surgery in 2020, B&B told him in 2021 the position was gone and brought him back in 2022 as a lower-paid driver.
The trial judge had awarded $236,163.77 over a 22-month notice period, but the appeal court said personal benefit from the truck and phone was not proven through taxable reporting, pleadings, or evidence of meaningful personal use.
The ruling reinforces that frustration remains a high bar in Ontario disability cases and that specialized company equipment generally will not increase damages absent clear evidence it formed part of compensation.