Damages Archives

The Government of Ontario is making small claims easier, faster and more affordable to settle.

November 11, 2019
Anique Dublin

The Attorney General for Ontario recently announced that, effective January 1, 2020, there will be changes to the way claims are brought in Small Claims Court and under the Rules of Simplified Procedure.

Employee Refuses to Return to Work After Illegal Layoff – Court Finds Failure to Mitigate

June 25, 2019
Nadia Zaman

Losing a job is nerve-wrecking for most people. Employees must be careful, however, because they have a duty to mitigate their damages by taking reasonable steps to find comparable employment. Otherwise, their entitlement to damages for wrongful dismissal may be substantially reduced.

Crocodile Tears Are Not Enough: Court of Appeal Confirms High Bar for Awarding Aggravated Damages

June 6, 2019
Anique Dublin

While being terminated from one’s employment can undoubtedly lead to emotional upset, the law does not recognize mental states that fall short of injury.

Bad Faith in the Course of Dismissal: “The Damages Formerly Known as Wallace” are Still Relevant

March 27, 2019
Anique Dublin and Stuart Rudner

If an employee can prove bad faith conduct by an employer in the manner of a dismissal, then the employee may be entitled to bad faith/moral damages.

March 10, 2019
Brittany Taylor

Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.

January 22, 2019
Nadia Zaman

If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.

October 23, 2018
Stuart Rudner

In this case, I want to talk about the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.

Income from Second Job CAN be Mitigation

February 8, 2018
Anique Dublin and Stuart Rudner

It is trite to say that dismissed employees have a duty to mitigate their damages by seeking replacement employment. But what happens if they are successful? Does that mean that their entitlement to compensation for the dismissal is reduced? In…

But How Do I Prove It? Evidence Required for Claims of Mental Distress

January 9, 2018
Brittany Taylor

In June of last year, the Supreme Court of Canada released their unanimous decision in Saadati v Moorhead dealing with the proof required to establish “mental injury” in the context of tort claims. The landmark decision determined conclusively that evidence…

Do as you say: Breach-of-confidentiality clauses in settlement

December 5, 2017
Nadia Zaman and Stuart Rudner

Employers should abide by the strict terms of any settlement agreements Despite what TV shows and movies portray, the reality is that most cases settle. Typically, the parties enter into a settlement agreement in order to ensure that the interests…

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The Government of Ontario is making small claims easier, faster and more affordable to settle.

Employee Refuses to Return to Work After Illegal Layoff – Court Finds Failure to Mitigate

Crocodile Tears Are Not Enough: Court of Appeal Confirms High Bar for Awarding Aggravated Damages

Bad Faith in the Course of Dismissal: “The Damages Formerly Known as Wallace” are Still Relevant

The Ontario Human Rights Tribunal: Remedies and Increasing Damages

Mitigation

Damages In A Wrongful Dismissal Claim

Income from Second Job CAN be Mitigation

But How Do I Prove It? Evidence Required for Claims of Mental Distress

Do as you say: Breach-of-confidentiality clauses in settlement

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