Mitigation Archives

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September 15, 2025

A clear reminder of how courts approach reasonable notice, mitigation, and employer conduct when layoffs occur in turbulent markets.

Refusing COVID-19 Vaccination – Not Just Cause for Dismissal

June 5, 2025

The Court ruled WestJet was not justified in dismissing an employee for cause who refused to comply with its COVID-19 vaccination policy.

Mitigation Requirement After Termination Further Explained by Ontario’s Highest Court

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. Read More...

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Refusal to accept new employment offer not a failure to mitigate

October 12, 2016

Canadian Employment Law Today, October 2016: Timing of new employment offer can determine whether acceptance would be required to mitigate damages.

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...

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...

Mitigation: What’s in an Age?
October 6, 2014
Dodge v. Signature Automotive Group Ltd. - After approximately 20 years of employment and at the age of 59, the employee was terminated without notice Read More...

It was a title without a job description…and no one to manage
April 17, 2014
In Jodoin v Nissan Canada, the Ontario Supreme Court decided that Nissan's change to Jodoin's position was a constructive dismissal of his employment.

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Fitzgerald and Law Professional Advisory Services, London, UK
“My department at Fitzgerald and Law deals with the tax implications of expatriates to the UK. As many of the expatriates we deal with are Canadian companies and their assignees I attended the presentation by Ronald Minken of Minken Employment Lawyers to attempt to achieve some insight into the legal needs of these assignees to better understand their legal and tax requirements.”
- Carl Simons-Short, Senior Manager – Expatriate Tax – Fitzgerald and Law Professional Advisory Services, London, UK

“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.”