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WHAT IS THE DUTY TO MITIGATE?

The duty to mitigate refers to a common law principle that requires an employee who has been wrongfully dismissed to take all reasonable steps to find comparable, alternative employment during…

Cost Awards in Litigation: Three Things You Should Know

Litigation can be expensive, especially for individuals who are not successful at trial. This is because if an individual (or organization) proceeds to trial and loses, not only do they…

Alternative Dispute Resolution, Pt 2: Navigating Employment Arbitration in Ontario: Pros, Cons, and the Process

This blog is the second installment of a two-part series by Sultan Lawyers focused on Alternative Dispute Resolutions. Read our first blog post on the pro and cons of mediations…

Alternative Dispute Resolution, Pt. 1: The Pros and Cons of Mediation in Employment Law Cases

This blog is the first installment of a two-part series by Sultan Lawyers focused on Alternative Dispute Resolutions. Mediation is a popular method to resolve disputes between employers and employees…

Advantages Of Alternative Dispute Resolution Methods in The Workplace

As the workforce persistently attempts to find different ways to deal with conflict, the use of methods such as negotiation, mediation, and arbitration continue to be key methods for resolving…

When the Duty to Mitigate is Expensive: Employer Ordered to Pay $45,000

The duty of an employee to mitigate damages after a termination of employment operates to help reduce the period of unemployment or underemployment over which the former employer may owe…

Employers cannot always rely on mitigation to reduce liability

In Brake v. PJ-M2R Restaurant Inc. the Ontario Court of Appeal imposed limitations on an employer’s ability to rely on a former employee’s mitigation earnings to reduce its liability. Background…