Mitigation Archives

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...

No implied duty to mitigate: Court
August 2, 2012
Canadian Employment Law Today, July 2012 - Bowes v. Goss Power Products Ltd. - Terminated worker who found job after 2 weeks allowed to keep pay in li Read More...

No implied duty to mitigate: Court
August 2, 2012
Canadian HR Reporter, July 2012 - Bowes v. Goss Power Products Ltd. - Appeal court overturns ruling, says terminated worker who found job after only 2 Read More...

Court of Appeal Affirms Employers’ Obligation to Pay Disability Benefits for Disability occurring after Termination
July 24, 2012
In Brito v Canac Kitchens, the Ontario Court of Appeal upheld the Ontario Superior Court of Justice’s decision that the employee be awarded damages Read More...

Duty to Mitigate: When Minimal Efforts Are Acceptable
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 bein Read More...

Mitigation – the Duty of Every Wrongfully Dismissed Employee
January 1, 2011
What a former employee chooses to do after being dismissed is a personal matter. However, if the employee later files a claim for wrongful or construc Read More...

Employer Repudiates, Contractor Still Mitigates after Termination
December 30, 2010
A business owner enters into an agreement to sell his company and to become its new management consultant. Things go well until he’s given a task th Read More...

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Executive Termination Settlement avoiding Litigation
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