In a wrongful dismissal action under the Simplified Procedure, the defendant employer brought a motion to compel the plaintiff to produce a further and better Affidavit of Documents regarding his mitigation efforts.
The plaintiff had produced three affidavits to date, but they contained minimal documentation regarding his job search and new employment, despite mitigation being a live issue.
The court found that the plaintiff had not conducted a diligent search for arguably relevant documents and ordered him to produce a further and better sworn Affidavit of Documents within 30 days.
