What is the contingency of new employment within the 11 month notice period?
Ontario, Canada
The following excerpt is from Stephanie Ozorio v. Canadian Hearing Society, 2016 ONSC 5440 (CanLII):
In Thomson v. Bechtel Canada Ltd. (1983), 3 C.C.E.L. 16, at p. 23 Osborne J. observed: The contingency of new employment within the notice period could be somewhat speculatively assessed and imposed upon the notice period to reduce it. In the circumstances of this case, I think it preferable to impose upon the plaintiff a trust, whereby any earnings of the plaintiff until the expiry of the 11 month notice period will be impressed with a trust in favour of the defendant. I am satisfied that the plaintiff has endeavoured to obtain employment throughout and that he will continue with his sincere endeavours to obtain employment.
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