Canada: Unfair/ Wrongful Dismissal

The Ontario Court of Appeal has established new clarity on employer obligations in wrongful dismissal cases, addressing both the burden of proof for mitigation efforts and the treatment of income earned during notice periods. This ruling in Williamson v Brandt Tractor Inc. resolves critical questions about when employers must demonstrate available comparable employment and how courts should handle mitigation income from lower-paying positions.

As discussed in a recent blog post by our Labour and Employment Group, an employee who alleges wrongful dismissal has a duty to mitigate their damages...

Dans la décision rendue récemment dans l'affaire McPherson v. Global Growth Assets Inc. (en anglais) (l'« affaire McPherson »), la Cour supérieure de justice de l'Ontario (la Cour) a accordé à un chef...