Article
Ontario Court Of Appeal Rules On Deductibility Of Post-Termination Earnings And Employers’ Burden Of Proving Failure To Mitigate
The Ontario Court of Appeal’s recent decision in Williamson v. Brandt Tractor Ltd.1 provides useful clarity on the deductibility of mitigation earnings in wrongful dismissal cases. It also reaffirms the significant evidentiary burden employers face in proving that a former employee failed to make reasonable efforts to mitigate their damages through new employment following dismissal.
Cassels