What is the mitigation of damages for breach of an employment contract’s termination clause?
British Columbia, Canada
The following excerpt is from McMillan v Altastream Power Systems Inc., 2018 BCSC 1298 (CanLII):
Mitigation of damages in the context of a breach of an employment contract’s termination clause was canvassed in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, and then affirmed in by our Court of Appeal in Maxwell v. British Columbia, 2014 BCCA 339. Mr. Justice Chiasson held:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (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)
What is the quantum of damages for breach of contract when an employee is terminated for cause rather than for pay? (British Columbia, Canada)
Is a termination clause in an employment contract enforceable? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
What is the test for mitigation of damages in a breach of contract case? (British Columbia, Canada)
What are the damages for damages for breach of contract? (British Columbia, Canada)
Can an owner terminate a contract where the contractor has breached the contract due to poor quality or defective work? (British Columbia, Canada)
