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duty to mitigate

By Occasional Contributors | 5 Minutes Read March 31, 2020

COVID-19 and force majeure: A word of caution

The insurgence of the novel COVID-19 pandemic and its ensuing effect on the domestic and global economies has required companies to consider potential remedies should they, or their counterparties, not be able to perform under contracts. One potential remedy is force majeure.

Article by Occasional Contributors / Business, Finance and Accounting / contractual agreement, doctrine of frustration, duty to mitigate, force majeure, risk, risk allocation tool Leave a Comment

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minute Read September 13, 2018

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Health and Safety, Payroll / Cannabis legalization, common-law notice period, Dismissal, duty to mitigate, employment law, Health and safety policies, marijuana in the workplace, recruiting and hiring, termination

By McCarthy Tétrault LLP | 4 Minutes Read June 25, 2018

BC Court of Appeal clarifies employee’s duty to mitigate and necessary deductions for “avoided,” and “avoidable”, loss

A recent BC Court of Appeal decision is a good reminder and summary of the principles underlying an employee’s duty to mitigate following a wrongful dismissal, and confirms that post-termination income in excess of supplementary income that an employee has earned while employed is properly deducted from a wrongful dismissal damages award.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / BC Court of Appeal, damages, duty to mitigate, fringe benefits, notice assessment, notice period, post-termination earnings, reasonable notice period, replacement income, termination without cause, wrongful dismissal

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