Lake v. La Presse
Wrongful Dismissal: Mitigation and Causation Appeal
Summary
This is an appeal from a motion judge's decision in a wrongful dismissal action. The Court of Appeal clarified the test for reasonable mitigation efforts and the employer's burden of proof on causation, finding that the motion judge erred by requiring the appellant to apply for lesser-paying roles and by inferring the availability of comparable positions without evidence.
Outcome
appeal allowed
Key Factors
- wrongful dismissal
- mitigation of damages
- burden of proof
- causation
- Red Deer College v. Michaels
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