Mitigation - Canadian Employment Law

Mitigation of Benefits

dqh May 14, 2024 No Comments

Generally Benefit coverages are unusual as certain benefits are not replaceable. Disability insurance covers are the prime example as it is typically not possible to purchase disability insurance while unemployed.

Overly Successful Mitigation

dqh May 13, 2024 No Comments

Occasionally a fact situation may arise in which the plaintiff not only has succeeded in finding alternate employment but has been overly productive in the process. The question then arises,

Evans & The ESA

dqh March 26, 2024 No Comments

The issue may arise as to whether an Evans fact situation may give rise to a claim for the ESA sum due on termination. This may be critical for several

Employee Chooses to be Self Employed

dqh January 9, 2024 No Comments

This issue was considered in the British Columbia Court of Appeal decision in Forshaw v Aluminex Extrusions, a decision rendered in August of 1989. The plaintiff, at trial, was awarded

Does Timing Matter

dqh November 30, 2023 No Comments

The question of the chronology of an offer of alternate employment and the Evans submission has been raised in the cases which follow. Generally speaking, the offer of alternate employment

Introduction

dqh October 2, 2023 No Comments

Mitigation does not instinctively present itself as a significant legal issue. It is well known that the onus of proof in a wrongful dismissal action is firmly placed on the

Fixed Term Consulting Agreement

dqh September 26, 2023 No Comments

A fixed term consulting agreement has been held by the Ontario Court of Appeal to be interpreted in a manner different from an employment contract. This context has been determined

Disability Benefits

dqh August 26, 2023 No Comments

The first issue has been the subject of debate following the release of the Supreme Court of Canada decision in Sylvester. In 1986, the Ontario Court of Appeal in McKay

Impact of Pension Payments

dqh August 26, 2023 No Comments

Justice Chapnick of the Ontario Supreme Court reviewed this issue in the June 1995 in Emery v Royal Oak. The plaintiff had received pension income for the last 12 months

Similar Set-Offs – (A) Statutory

dqh August 26, 2023 No Comments

Statutory Payments Notice & Severance As discussed elsewhere, it is clear that the statutory payments, or the providing of statutory notice, will each reduce the claim. Ontario, as noted, is

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