How have courts in B.C. dealt with the issue of long term fixed-term employment contracts?
Ontario, Canada
The following excerpt is from Birchwood Terrace Nursing Home v United Food and Commercial Workers Union, Local 175, 2017 CanLII 70617 (ON LA):
The third case is Freeman v. BC Tel, [1997] CanLII 2191 (B.C.S.C.) in which a 48 month fixed-term employment contract was terminated after 18 months, and the plaintiff sued for the remaining 30 months. Under these facts, it is somewhat less challenging to calculate the overall appropriate compensation. However, this case is nevertheless of some assistance in that the court affirms the principles discussed in Rankin and Cohnsteadt that the 30 months of compensation must be discounted for the possibility that the plaintiff may not have, for a variety of reasons, completed the entire term of the contract, and then be further discounted for the possibility that the plaintiff could have mitigated some of those damages.
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