Does the defaulting employer have the onus of demonstrating that the employee failed to make reasonable efforts to find an alternative employment?

British Columbia, Canada


The following excerpt is from Ensign v Price's Alarm Systems (2009) Ltd., 2017 BCSC 2137 (CanLII):

Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324, makes it clear that in wrongful dismissal cases it is the defaulting employer who bears the onus of demonstrating not only that the employee plaintiff has failed to make reasonable efforts to find work but also that such alternative employment could have been found.

Other Questions


If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
Can an employee who declines an offer of re-employment from the same employer, after having been dismissed whether actually or constructively, be found to have failed to mitigate her damages? (British Columbia, Canada)
Is an employer induced an employee to enter into a new employment relationship with the employee? (British Columbia, Canada)
Can an employer terminate an employee for refusing to accept a raise if the employee takes the position that unless he receives a raise by a certain date? (British Columbia, Canada)
Can an employer unilaterally change the terms of an employee's employment? (British Columbia, Canada)
What is the current state of the law on the requirement of an employer to warn an employee that they have failed to meet performance standards? (British Columbia, Canada)
Can an employee be terminated without cause if the employee has not been given reasonable notice? (British Columbia, Canada)
Can a failure to diligent efforts to find alternative employment mitigate loss of income due to injury? (British Columbia, Canada)
What is the reasonableness of a commercial insurance contract where an employer prohibits the use of an employee’s personal injury insurance? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.