Court House Legislation
April 25, 2019

Mitigation often requires the employee to try and attain another job in the period after their dismissal. The Court of Appeal’s decision in Brake v. PJ-M2R Restaurant Inc. marks a significant shift in the interpretation of mitigating damages.


Refusal to accept new employment offer not a failure to mitigate

October 12, 2016

Published in Canadian Employment Law Today, October 2016 - Fillmore v. Hercules SLR Inc. - Timing of new offer of employment can determine whether acc Read More...

Court Wrongful Dismissal

Employee’s Refusal to Accept a New Offer of Employment – Not a Failure to Mitigate

August 30, 2016

In Fillmore v. Hercules SLR Inc., the Court determined that the employer’s new offer was not a reasonable offer of employment due to the demoted pos Read More...

Canadian Employment Law Today

Mitigation: What’s in an age?

October 14, 2014

Published online in Canadian Employment Law Today, Oct. 2014 - Dodge v. Signature Automotive Group Ltd. - A terminated employee who is older may have Read More...