Simon published a blog post exploring the Ontario Court of Appeal’s recent decision in Brake v. PJ-M2R Restaurant Inc. (2017) ONCA 402. This case comment examines the Ontario Court of Appeal’s most recent decision on the issue of mitigation in wrongful dismissal. Typically, when an employee is terminated by his/her employer, he/she has a positive obligation to mitigate his/her damages by looking for alternate work. It is a well-established principle of wrongful dismissal that any income earned during the notice period is subtracted from what the company owes. However, in this case, the Ontario Court of Appeal held that income earned by the Plaintiff during the statutory notice period and certain “inferior” income earned out of necessity should not be deducted from her damages which changes the typical approach to assessing mitigation income. In particular, this decision will have a significant impact on the duty to mitigate of all employees but specifically non-managerial ones who are forced to accept inferior work once they are terminated from their positions. Click here for a detailed account of this decision.
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May 12, 2016
Simon published another blog post to First Reference Blogs. In this article Simon provided an update on the Ministry of Labour’s OHSA and ESA blitzes that target specific industries and parts of the province to ensure compliance with the Occupational Health and Safety Act and the Employment Standards Act. A link to the comment can…
March 19, 2014
Simon published an article on First Reference Blog entitled Ontario Human Rights Tribunal rules company discriminated against employee with developmental disability by paying her wages of $1.25 per hour. A copy of the article can be found here.
November 22, 2017
Simon published another article on First Reference Blog entitled “Ontario Court of Appeal confirms offer of employment is consideration after an asset sale”. This blog post explores the recent decision of Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873 whereby the Ontario Court of Appeal held that when a company is sold by way of…
July 16, 2013
Simon published another article on First Reference Blogs with respect to the Ontario Human Rights Commission new policy on removing the “Canadian Experience Barrier”. A copy of this article can be found here.
July 22, 2015
Simon published another article on First Reference Blog. The article entitled “OLRB rules that sleeping on the job does not constitute ‘intentional misconduct’ under ESA”, explores a recent decision from the Ontario Labour Relations Board that found that an employee’s repeated sleeping on the job did not disentitle him to statutory termination pay under the…
December 2018
The Ontario Court of Appeal recently addressed the issue of when replacement benefit coverage and a bonus were payable as part of an award of damages in a wrongful dismissal action. The case of Singer v. Nordstrong Equipment Limited 2018 ONCA 364 is a useful reminder of the key legal principles. This case is a…