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Updated: Ontario Court of Appeal clarifies employment law on mitigation of damages

Thursday, May 25, 2017 @ 10:49 AM | By Cristin Schmitz

The Ontario Court of Appeal has answered some important questions about the mitigation of damages in a judgment affirming a 20-month constructive dismissal award to a longtime McDonald’s manager who was “set up to fail” by her employer.

Justice Eileen GilleseJustice Eileen Gillese’s May 23 judgment, backed by Justices Kathryn Feldman and Sarah Pepall, dismisses the appeal of an Ottawa-area McDonalds franchisee: Brake v. PJ-M2R Restaurants Inc. 2017 ONCA 402.

Notably the panel ruled (among other points of law related to damages) that a fired employee’s...