Erica Bennett

The plaintiff sued his former employer for wrongful dismissal following an asset sale of the business.

He claimed entitlement to 12 months' notice under his employment agreement due to a change in control.

The court dismissed the action, finding that the plaintiff failed to mitigate his damages by unreasonably rejecting an offer of comparable employment from the purchasing company.

Furthermore, the court found that the plaintiff had fully mitigated his damages through earnings generated by his own corporation during the notice period.

In a wrongful dismissal action, the defendant brought an eve-of-trial motion to adjourn the trial and compel further disclosure and discovery regarding the plaintiff's mitigation efforts through his corporation.

The plaintiff had previously answered 'zero' when asked about personal income from the corporation, but recently produced a ledger showing significant shareholder loan repayments.

The court granted leave for the motion, finding the plaintiff had an ongoing obligation to correct misleading discovery answers.

The court ordered limited additional documentary production and a brief discovery, but declined to adjourn the trial, directing that the discovery be completed before the trial commenced the following week.