The appellant employer appealed a summary judgment order awarding the respondent employee nine months' pay in lieu of reasonable notice for wrongful dismissal.
The appellant argued the motion judge erred by failing to draw an adverse inference regarding the respondent's medical evidence and by applying an incorrect legal standard to the duty to mitigate.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's conclusion that the respondent's medical condition prevented a serious job search, and no error of law in the application of the duty to mitigate.
