What is the test for assessing damages for wrongful dismissal?

Alberta, Canada


The following excerpt is from PCL Construction Management Inc. v. Holmes, 1994 ABCA 358 (CanLII):

This matter involves an assessment of damages for wrongful dismissal. The general principles to be applied are set out by Laskin C.J.C. in Red Deer College v. Michaels 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324, as follows (at p. 330): 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


What are the principles used in assessing damages in a wrongful repudiation of a building contract? (Alberta, Canada)
In a wrongful dismissal case, is a plaintiff entitled to damages for mental distress? (Alberta, Canada)
What is the test for damages for mental distress in a wrongful dismissal case? (Alberta, Canada)
Does a plaintiff have a claim for damages in a wrongful dismissal case? (Alberta, Canada)
What is the test for damages for wrongful dismissal of a plaintiff in a motor vehicle accident? (Alberta, Canada)
What is the scope of damages in lieu of notice in a wrongful dismissal action? (Alberta, Canada)
What are the damages for wrongful dismissal of an employee? (Alberta, Canada)
What is the test for damages in the wrongful dismissal context? (Alberta, Canada)
In a wrongful dismissal action, is income tax calculated as a factor in determining damages? (Alberta, Canada)
Does a wrongful act, neglect or default that would have entitled the injured party to maintain an action and recover damages? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.