What is the duty of an applicant to mitigate her losses by making reasonable efforts to obtain suitable employment?
Ontario, Canada
The following excerpt is from Xu v. The Ottawa Hospital, 2012 HRTO 337 (CanLII):
The applicant is under a duty to mitigate her losses by making reasonable efforts to obtain suitable employment. The applicant is entitled to be compensated only for those losses that could not have been avoided and the respondent has the onus of proving the applicant’s failure to mitigate. See Heintz v. Christian Horizons, 2008 HRTO 22 at paragraph 265. The respondent submitted that the applicant did not mitigate her losses because she was deemed by WSIB in December 2009 to be able to work, within her restrictions, full time hours as a registered nurse yet she has only worked on a part-time basis since January 19, 2010.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
What is a plaintiff's duty to mitigate their loss by demonstrating reasonable efforts to obtain alternate employment suitable to his employment experience and abilities? (Ontario, Canada)
What is the duty of an employee to mitigate her losses by making reasonable efforts to obtain suitable employment after she resigned? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
What is the range of damages for loss of salary, pension benefits and bonuses that an employee might reasonably have expected to continue his employment during the reasonable notice period? (Ontario, Canada)
What is the test for making reasonable efforts to mitigate damages in a personal injury action? (Ontario, Canada)
What is the test for making reasonable efforts to find a new employer during the notice period? (Ontario, Canada)
How have courts dealt with an application seeking to force an employer to make payments into a pension fund for the benefit of certain pension members? (Ontario, Canada)
If a plaintiff can establish a loss of employment time representing, on average, between 2 and 3 days per month, would that affect her employment? (Ontario, Canada)
