Mitigation Archives

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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...

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.

Ontario court rejects 24-month cap for notice period
March 21, 2013
Canadian Employment Law Today, March 2013 - Abrahim v. Sliwin - 1 month per year of service a reasonable amount even for longer-term employees, regard Read More...

Court Rejects Capping Notice Period at 24 Months and Accepts 1 Month Pay For Each Year of Service
December 24, 2012
In Abrahim et al v. Sliwin et al, & McCalla v. Sliwin et al, a Motion for default judgement was brought by 31 employees, alleging that the defendants Read More...

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