Easing the Burden of Proof on Failure to Mitigate? : Logan v. Numbers Cabaret Ltd.

application

In any wrongful dismissal lawsuit, you are almost certain to find the defence that the worker “failed to mitigate” their losses. In common terms, this little bit of legalese suggests that the worker failed to take reasonable steps to find comparable employment, and as a result, they should be awarded less damages for their termination. While often pled, arguments on the failure to mitigate often fall flat. The reason for this is that it’s been the employer’s responsibility to demonstrate that a worker has failed to mitigate, or in the words of the Supreme Court of Canada: “i) the employer bears the onus of demonstrating both that that an employee has failed to make reasonable efforts to find work and ii) that work could have been found”: see Evans v. Teamsters, Local 31, [2008] 1 S.C.R. 661. This can be extremely difficult to do.

However, a recent BC Supreme Court decision may suggest that the onerous task of proving a mitigation defence is easing. Continue reading “Easing the Burden of Proof on Failure to Mitigate? : Logan v. Numbers Cabaret Ltd.”

Moving On Following Termination: The Duty to Mitigate

Losing a job can be one of the most traumatic events that a person may experience in the course of one’s life, sometimes even being on par with a family breakdown or the loss of a loved one. That’s because we all know that work is more than just a “contract”, and it’s certainly more than a paycheck. Our co-workers are not just colleagues, they are friends, collaborators and mentors.  Many people will spend more time awake at the office than they will with their family. In many ways, work defines who we are, as our Supreme Court once eloquently stated nearly 30 years ago:

Work is now considered one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of his or her sense of identity, self-worth and emotional well-being.

Continue reading “Moving On Following Termination: The Duty to Mitigate”