Court File and Parties

COURT FILE NO.: CV-19-006311169-0000 DATE: 20220727 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: JULIAN OFORI, Plaintiff AND: BCG LOGISTICS (2000) LTD., Defendant

BEFORE: R.F. Goldstein J.

COUNSEL: Alia S. Besharat, for the Plaintiff

HEARD: In Writing

ENDORSEMENT

[1] The original motion was granted. Damages with mitigation have now been calculated. Damages in the amount of $40,986.02 are granted.

[2] This endorsement is supplemental to my endorsement of March 10, 2021.

[3] Briefly, I found that the Plaintiff was entitled to default judgment for wrongful dismissal. I found that the Plaintiff should be awarded damages for 13 months or $65,000.00 plus $1,249.95 less mitigation ($66,249.95).

[4] The Plaintiff has indicated that he was self-employed during the period. He earned a net amount, after overhead expenses, of $22,163.93.

[5] I agree that only $3,100.00 of the amount that the Plaintiff earned at York Logistics should be deducted: Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402. Overall, I accept the Plaintiff’s mitigation calculation. I find that $25,263.93 should be deducted from the amount of $66,249.95

[6] The amount of $40,986.02 is, therefore, payable in damages to the Plaintiff.

R.F. Goldstein J.

Date: July 27, 2022