What is the test for assessing damages in a wrongful dismissal case?

Saskatchewan, Canada


The following excerpt is from International Alliance of Theatrical Stage Employees and Moving Picture Machine Technicians, Artists and Allied Crafts of the United States its Territories and Canada, Local 295 v. Saskatchewan Centre of the Arts, 2008 SKCA 136 (CanLII):

At common law, the fundamental rule to apply in assessing damages in wrongful dismissal cases is stated by Laskin C.J.C. in Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324 at pages 330-31: The primary rule in breach of contract cases, that a wronged plaintiff is entitled to be put in as good a position as he would have been in if there had been proper performance by the defendant, is subject to the qualification that the defendant cannot be called upon to pay for avoidable losses which would result in an increase in the quantum of damages payable to the plaintiff. The reference in the case law to a "duty" to mitigate should be understood in this sense. In short, a wronged plaintiff is entitled to recover damages for the losses he has suffered but the extent of those losses may depend on whether he has taken reasonable steps to avoid their unreasonable accumulation.

Other Questions


How does a judge assess damages in a personal injury case? (Saskatchewan, Canada)
Is there any case law that supports the argument that a union has no case law or case law relating to contested positions? (Saskatchewan, Canada)
What is the test for bringing a claim for damages in a motion for wrongful dismissal? (Saskatchewan, Canada)
What is the test for assessing damages in a breach of contract case? (Saskatchewan, Canada)
What is the test for assessing damages under the Fatal Accidents Act? (Saskatchewan, Canada)
What is the case law on voluntary testimony in a motor vehicle accident case? (Saskatchewan, Canada)
What is the test for a jury to award damages where damages are in part due in part to a defendant’s negligence? (Saskatchewan, Canada)
What is the test for punitive damages in a sexual assault case? (Saskatchewan, Canada)
Is there any case law or case law that deals with title to a property? (Saskatchewan, Canada)
When will counsel seek to compare facts in an instant cruelty case with those in the reported cases? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.