Best Theratronics Ltd. v. Clifford Douglas Beatty

(Ont.) (Civil) (By Leave)


Employment law.


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Employment law — Wrongful dismissal — Mitigation of damages — Employee bringing wrongful dismissal suit against former employer — Lower courts dismissing employer’s argument employee failed to reasonably mitigate losses by seeking alternative employment — Whether there is a change to legal standard for determining whether an employer has satisfied its burden of proving a plaintiff has failed to reasonably mitigate damage.

The respondent, Mr. Beatty commenced a wrongful dismissal suit against his former employer when he was terminated from his employment without cause. He sought a motion for summary judgment.

The Superior Court found that the issues of reasonable notice and alleged failure to mitigate did not present a genuine issue requiring a trial and disposed of these issues by way of summary judgment. It awarded damages of $87,295. The third issue of entitlement to aggravated or punitive damages and to certain special damages was ordered to be dealt with by summary trial.

The Court of Appeal dismissed the appeal.