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How Does Mitigation Apply to Fixed-Term Contracts for Employees and Independent Contractors?
"The defendant denies that any damages suffered by the plaintiff, which are not admitted and are specifically denied, are excessive, remote, not recoverable in law, and have not been mitigated." Litigators regularly come across this phrase, or some variation of it, in court documents - Statements of Defence in particular. The failure to mitigate damages … Continue reading How Does Mitigation Apply to Fixed-Term Contracts for Employees and Independent Contractors?
Video – Saadati v. Moorhead Revisited: Proving Mental Distress Damages
Saadati v. Moorhead Revisited – Proving Mental Distress Damages
In 2017, in its decision in Saadati v. Moorhead, the Supreme Court of Canada addressed the question of what constitutes a compensable mental injury and the kind of evidence needed to prove that injury. The Court of Appeal recently revisited this question in its decision in Bothwell v. London Health Sciences Centre. Facts of the Case … Continue reading Saadati v. Moorhead Revisited – Proving Mental Distress Damages
Video – Changed Substratum – When your job duties no longer match your employment contract
Changed Substratum – When your job duties no longer match your employment contract
Employment law has numerous terms or concepts that are not self-explanatory to lay people. Constructive dismissal and mitigation efforts are a couple of examples of this. Unless you are an employment lawyer, their meanings are not immediately obvious. There are also some obscure terms or concepts that can be foreign even to employment lawyers. The … Continue reading Changed Substratum – When your job duties no longer match your employment contract
When Does A Limitation Period Start?
From time to time, potential clients will contact me about a possible lawsuit that is already statute-barred. In other words, the limitation period has already expired. When this happens, I explain to them that their options are very limited. This is because the expiration of the limitation period can be a complete defence to that … Continue reading When Does A Limitation Period Start?
How are my years of service with my employer calculated?
The question posed in the title above seems simple, doesn't it? To calculate years of service, all one has to do is take the start date of employment and count the number of years until the end date. Done. Easy, right? But wait. Before you go, I have a few other questions for you. What … Continue reading How are my years of service with my employer calculated?
What is a signature in the Digital Age?
The pandemic has forced all of us to pivot from many of our previous modes of carrying out our day-to-day activities. Vaccine certificates are required in order to sit down for a meal at a restaurant. Masks and daily health screenings are needed before our children head out the door to go to school. Screen … Continue reading What is a signature in the Digital Age?
COVID-19 – Constructive Dismissal Update Revisited
In my last post, which you can find here, I wrote about section 7 of O. Reg. 228/20 entitled Infectious Disease Emergency Leave (the “IDEL Regulation”) and how it affects an employee's claim for constructive dismissal. Section 7 of this Regulation of the Employment Standards Act, 2000 (the “ESA”) states: (1) The following does not constitute constructive dismissal if … Continue reading COVID-19 – Constructive Dismissal Update Revisited