When is Income Part of Mitigatory Earnings?

November 3, 2023


Hot off the press! Paul Schwartzman’s chapter on “When is Income Part of Mitigatory Earnings?” is published in LexisNexis Canada’s Mitigation in Ontario Employment Law.

About the Publication

Mitigation is a key element of many employment law cases. From wrongful and constructive dismissal actions to human rights complaints, practitioners must consider the duty to mitigate and the impact it may have on their clients’ entitlements and liabilities. While at first glance, mitigation may appear to be a simple concept, upon deeper reflection, it presents myriad complex issues practitioners may have to address.

With input from experienced employer- and employee-side counsel across the province, Mitigation in Ontario Employment Law offers a detailed analysis of the many legal intricacies of mitigation, as well as practical tips for lawyers about how best to handle mitigation issues in their cases. This text is a must-have for anyone practising in the area of employment law in Ontario.

Topics Covered

  • Evidence required to demonstrate a failure to mitigate
  • How the courts respond to a failure to mitigate
  • When income is considered part of mitigatory earnings
  • Statutory entitlements and the duty to mitigate
  • Duty to mitigate in the context of constructive dismissal
  • Mitigation in fixed-term contracts
  • Exceptions to the duty to mitigate
  • Plus much more

Who Should Read This Book

  • Employment lawyers who need guidance on mitigation which is intrinsic to all wrongful dismissal and constructive dismissal cases
  • In-house counsel who must deal with the finer points of employment law on a regular basis
  • Non-legal professionals in human resources who are required to understand employer rights and obligations
  • Judges who preside over employment law, or other decision-makers at various tribunals that deal with loss of employment income
  • Law students who require an overview and examination of mitigation as a core employment law topic
  • Law libraries that need to have the most up-to-date reference materials available