Harris on Canadian Employment Law

Home › Index of Contents › Mitigation: Offer of Relocation › Mitigation: Offer of Relocation The question may arise as to whether the plaintiff must accept an offer of new…

Home › Index of Contents › Mitigation: Income from Inferior Position › Mitigation: Income from Inferior Position Feldman, J.A., delivered concurring reasons in the above decision. These reasons dealt only…

Home › Index of Contents › Mitigation: Part Time Employment: New & Old › Mitigation: Part Time Employment: New & Old The 2017 decision of the Ontario Court of Appeal…

Home › Index of Contents › Mitigation: Statutory Lay-off: Employer Recalls to Employment: Duty to Accept? › Mitigation: Statutory Lay-off: Employer Recalls to Employment: Duty to Accept? This issue becomes…

Home › Index of Contents › Mitigation: Statute Allows for Lay-Off: Return to Work on Expiry of Lay-off › Mitigation: Statute Allows for Lay-Off: Return to Work on Expiry of…

Home › Index of Contents › Mitigation: Fixed Term: Early Days › Mitigation: Fixed Term: Early Days Modern case law, generally, has determined that there is no mitigation offset from…

Home › Index of Contents › Mitigation: Constructive Dismissal: Waiver or Condonation › Mitigation: Constructive Dismissal: Waiver or Condonation In the past, prior to Mifsud, the employer was able to…

Home › Index of Contents › Mitigation: Constructive Dismissal: Mifsud: Anecdotal Review › Mitigation: Constructive Dismissal: Mifsud: Anecdotal Review The cases distinguishing and applying Mifsud are fact driven. For this…

Home › Index of Contents › Mitigation: Demotion: Mifsud: Ontario Court of Appeal › Mitigation: Demotion: Mifsud: Ontario Court of Appeal On appeal, the court, apart from the mitigation issue,…

Home › Index of Contents › Mitigation: Constructive Dismissal: Demotion: Mifsud Facts › Mitigation: Constructive Dismissal: Demotion: Mifsud Facts Mifsud was hired by the company initially as a die cut…