Is an employer required to prove that an employee has failed to properly mitigate his or her damages?
British Columbia, Canada
The following excerpt is from Price v. 481530 B.C. Ltd., 2016 BCSC 1940 (CanLII):
It is the employer who bears the onus of proving that the employee failed to properly mitigate his or her damages: Michaels v. Red Deer College, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324 at 331. The employer must show not only that the employee did not make a sufficient effort but that similar employment was available: Graham v. Galaxie Signs Ltd., 2013 BCCA 266 at paras. 48-49, leave to appeal ref’d [2013] S.C.C.A. No. 345.
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