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A mitigation myth haunted Ontario wrongful dismissal litigation. It lived in a concurring opinion, not a majority holding, from a 2017 Court of Appeal decision.
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A clear reminder of how courts approach reasonable notice, mitigation, and employer conduct when layoffs occur in turbulent markets.
The Court ruled WestJet was not justified in dismissing an employee for cause who refused to comply with its COVID-19 vaccination policy.
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...
Canadian Employment Law Today, October 2016: Timing of new employment offer can determine whether acceptance would be required to mitigate damages.
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...
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...
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...