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mitigate damages

By Sean Bawden | 3 Minutes Read August 19, 2019

Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?

Article by Sean Bawden / Employee Relations, Payroll / comparable employment, employment law, mitigate damages, offer of new employment, wrongful dismissal

By De Bousquet PC Barristers and Solicitors | 3 Minutes Read February 12, 2018

Employee awarded 12 months’ pay and $24k in legal fees from employer who undermined her efforts to find new employment

In a recent case titled Ste-Croix v. Al-Hashimi and Jawad Dentistry, following a termination without cause the Ontario Superior Court of Justice canvassed what constitutes “reasonable notice” and the factors the court will consider, what comprises reasonable efforts to mitigate damages, and when a motion for summary judgment is preferable to an unnecessary trial.

Article by De Bousquet PC Barristers and Solicitors / Employee Relations, Employment Standards, Payroll / efforts to find new employment, employment law, mitigate damages, termination, termination without cause, wrongful dismissal

By Occasional Contributors | 3 Minutes Read January 31, 2017

Constructive dismissal and employer prestige

In 2016, the Court of Appeal of Quebec has clarified that reduced employer prestige cannot, in itself, serve as grounds for constructive dismissal in the specific context of business acquisitions.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll / 2108805 Ontario inc. v. Boulad, business acquisitions, constructive dismissal, employer prestige, employment contract, employment law, mitigate damages, terminations

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