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Duty to Mitigate

Employee failed to mitigate by retraining rather than apply for comparable roles available at former employer

Jurisdiction: - Ontario
Sector: - Manufacturing

In Benjamin v Cascades Canada ULC, 2017 ONSC 2583, a decision issued on April 27, 2017, the Superior Court of Justice - Ontario found that the plainitff former employee, Benjamin, failed to reasonably mitigate his damages by choosing to retrain rather than apply for the comparable positions available to him at his former employer, Cascades.

Specifically, the court stated:

[161]      It is not contested that there were comparable jobs available for Benjamin to seek at Cascades, given the comparable remuneration and his work experience as an unskilled general labourer. It is not contested that Benjamin "could have" procured any of the three available comparable positions.  read more »

BC unemployment rate at 6.2% in April, down from 7% in March

The Statistics Canada Labour Force Survey for April 2012 is out and contains the following statistics of interest:

British Columbia

  • The unemployment rate declined from 7% in March to 6.2% in April 2012. 
  • Continuing an upward trend that began in February 2011, employment in British Columbia increased by 20,000 in April.
  • Compared with 12 months earlier, employment growth was 2.1%, the third-highest of all provinces.
  • Since the unemployment rate peaked at 8.7% in February 2011, it has gradually declined to 6.2% in April.

National  read more »