Mitigation: What One Hand Giveth, The Other Taketh by Matthew L. Dewar


Employers can take comfort from a recent decision of the Ontario Superior Court of Justice on the issue of mitigation. Typically, employers face an uphill battle in proving that an employee has not reasonably mitigated his or her damages. The more exacting judges have demanded that an employer prove not only that the employee has not reasonably sought alternate employment, but also that there were specific positions that the employee had a reasonable chance of accepting. In Plotogea v. Heartland Appliances Inc., Mr. Justice R.D. Reilly took a different approach.

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