Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…
Tag: Mitigation
Labour Notes® Newsletter Features Article by Sarah Iaconis on Duty to Mitigate After Sale of Business
In the article “Appellate Court Considers Sale of Business and Duty to Mitigate,” Sarah reviews a recent decision by the Ontario Court of Appeal where it found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.”
Appellate Court Considers Sale of Business and Duty to Mitigate
In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…
Court Weighs in on Mitigation and Returning to Work with Former Employer
The Court of Appeal for Ontario has upheld a lower court decision which found the plaintiff (Mr. Chevalier), who had been constructively dismissed, was not entitled to damages after he declined an offer of re-employment from his former employer. It held that the trial judge had properly considered and applied the legal principles, concluding on…
2008 Summer issue
PRACTICE PROFILE Class actions with an HR twist LEGAL DEVELOPMENTS Mitigation of damages: Strategic considerations for employers Changing a term of employment? Notice may not be enough PROFILE A Pension Benefit Download PDF