How to Prove Failure to Mitigate :

In Samuel v Benson Kearley ( 2020 CarswellOnt 1125) Justice Charney awarded the plaintiff a 6 month notice period . Then he reduced the notice period to 4 months as a result of two pieces of evidence :

One, she did not even start looking a job until 4 months after her termination. The judge didn’t buy her ” shock and distress” argument.

Second, the defendant led evidence that a specialzed insurance website ( which the Plaintiff had used to get her the job in the first place ) had 38 comparable  jobs posted in the four months that the plaintiff did nothing to look for a job.

In light of this work, the Judge said that the ” the defendants have met their onus of proving that the plaintiff failed to mitigate her damages”.