Lake c. La Presse

Lake c. La Presse

The Court of Appeal held the motion judge erred as a matter of principle and in fact by reducing the notice period for alleged failure to mitigate; the employer did not prove the employee failed to take reasonable steps nor that she would likely have obtained comparable employment, and the employee was not required...

Source-derived case information.

Citation
2022 ONCA 742
Parties
Appellant: Merida Lake; Respondent: La Presse (2018) Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
31 October 2022
Procedural Posture
Civil Wrongful Dismissal / Appeal From Summary Judgment
Outcome
Appeal allowed; judgment of motion judge set aside and replaced.
Legal Topics
Wrongful Dismissal, Mitigation of Damages, Notice Period, Summary Judgment, Damages Calculation
Source Language
fr
Employment Law Civil Procedure Appeals Wrongful Dismissal Mitigation of Damages Notice Period Summary Judgment Damages Calculation

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Parties

Merida Lake

Appellant

La Presse (2018) Inc.

Respondent

Procedural Posture

Civil Wrongful Dismissal / Appeal From Summary Judgment

  1. 1 Whether the motion judge erred in reducing damages for failure to mitigate
  2. 2 Proper length of reasonable notice period
  3. 3 Whether employee was required to apply for lower paid or non-comparable jobs

Ratio Decidendi

The Court of Appeal held the motion judge erred as a matter of principle and in fact by reducing the notice period for alleged failure to mitigate; the employer did not prove the employee failed to take reasonable steps nor that she would likely have obtained comparable employment, and the employee was not required to apply for lower‑paid or non‑comparable positions. The appropriate reasonable notice is eight months, with no reduction for mitigation failure, subject to credit for amounts already paid by the employer.

Court Disposition

Appeal allowed; judgment of motion judge set aside and replaced.

Orders

  • Replace judgment: damages for wrongful dismissal calculated on an eight‑month reasonable notice period, less amounts already paid by the respondent
  • Award appellant costs of the appeal in the amount of 20000 CAD inclusive of HST and disbursements