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

more+
less-

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.

See full article for more information about this case.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lang Michener LLP | Attorney Advertising

Written by:

more+
less-

Lang Michener LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×