July 15, 2015

The tricky timing of post-judgment mitigation

Jaan Lilles article appeared in the July 10, 2015 issue of the Lawyers Weekly. This article touches on post-judgment trust over employment income earned during the notice period in the event of a wrongful dismissal.

"In the post-Hryniak world, summary judgment is supposed to be the preferred procedure for resolving claims in a fair, efficient and cost-effective way where there is no genuine issue requiring a trial. Wrongful dismissal cases, in which there are often few material facts in dispute, should be ideal claims for resolution by summary procedure. However, three recent cases from the Superior Court highlight an unresolved issue that arises with the efficient resolution of these kinds of cases..."