Bardal factors Archives

Duty to Mitigate -- Person reading an employment contract

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November 1, 2011

In Systad v. Ray-Mont Logistics Canada Inc. the British Columbia Supreme Court found that an employee who underwent knee surgery two months after being terminated without cause did not fail to mitigate his damages by making only minimal efforts to find re-employment.

“Minken & Associates proved to me that not all law firms are the same.” - Z.B.

“Your expertise in cases such as mine was well worth the investment.” - S.S.

“It is always a pleasure dealing with professional companies and yours sets the bar to new heights.” - A.S.

“You are an excellent ambassador to your profession” - L.P.

“83% improvement in the offer value.” - D.R.

“Thank you all again for the outstanding job!” - S.B.

“I credit Mr. Minken and the help he provided for keeping my employment situation intact.” - A.C.

“…welcoming atmosphere right along with the extremely professional service and guidance...” - M.S.

“Several issues, both monetary and otherwise, were resolved, without dispute, to my satisfaction.” - B.R.

“Increased my severance package by 300%! Fantastic result!” - M.E. Read More…

Not-for-profit organization – Bill 168 Seminar
“Ron Minken and his associates provided our members with tools and knowledge that they needed in order to draft and enforce the different policies that this new mandatory legislation required…We received many calls after the event thanking us for provided this necessary seminar.”
- Vaughan Chamber of Commerce

“Mr. Minken, you are an excellent ambassador to your profession.” - L.P.

Law Firm
“Minken has produced favourable results for our firm in every case that they have handled for us. Ron's advice in handling various employment matters has resulted in substantial financial savings to our firm. Minken truly goes the "extra mile" in providing superior service.”

Executive Termination Settlement avoiding Litigation
“Your efforts and expertise have significantly increased the overall value of the settlement provided to me. Your involvement not only increased the monetary value of the settlement but also served to ensure that several other issues, both monetary and otherwise, were resolved, without dispute, to my satisfaction.” - B.R.

Employment Contract Review - Director of Finances
“I would like to thank Mr. Minken for his help in reviewing my employment contract. I found that he was very informative in providing me with his expert knowledge on matters pertaining to my situation and advising me appropriately. I found that he went above and beyond what I expected, and I greatly appreciate his help. I would highly recommend his services to other people and have already done so.” - G.L.

“Ron, I want to thank you for the excellent job that you did as a mediator in our recent case. Your neutral but effective approach assisted with defusing the tension in the litigation and assisted the parties in appraising the case realistically and practically. It is precisely what I want in a mediator - and too seldom experience.” - Howard Levitt, Levitt LLP

International Charity (Non-for-Profit) Organization with Unionized and Non-Unionized employees
Minken Employment Lawyers has assisted Canadian branch with grievances and labour issues, advising us with respect to our Collective Agreement, drafting employment contracts and advising with respect to ensuring the employment contracts will be upheld in Court, advising and strategizing with respect to terminations and exit packages, as well as various policies and practices relating to employee matters both locally and abroad.”

Duty to Mitigate: When Minimal Efforts Are Acceptable