Featured by as most frequently recommended employment lawyer.

Highest Ranking – Canadian Legal Expert Directory



Selected as a Leading 500 Lawyer ( out of 150,000 Canadian Lawyers )



Employees have a duty to take reasonable steps to mitigate his or her damages in the event of a wrongful dismissal


Fixed-Term Employment Agreement

This duty exists even though they are the innocent party in the equation. Any benefit gained from complying with this duty to mitigate will be deducted from the damages that the employer must pay. The employee only has a duty to take reasonable steps to mitigate damages. The standard for mitigation is “reasonableness”, not “perfection”. The duty is owed to themselves, meaning that the former employee is entitled to seek a position that matches their level of skill and expertise. They do not have to take a lower paying job, even if that would please their former employer by reducing the amount of damages owing. The onus is on the employer who claims the former employee has breached the duty to mitigate.

The employer must prove that the employee found or could have found similar employment reasonably suited to his or her abilities. It is a question of fact whether the employee acted reasonably, and each case is different. See Red Deer College v. Michaels (1975), 57 D.L.R. (3d) 386 (S.C.C.) and Tsakiris v. Deloitte & touch LLP (2013), 8 C.C.E.L. (4th) 210 (Ont. S.C.J.) for more reading on this concept. For example, the courts have held that the number of resumes an individual sends out is not determinative of satisfying the duty to mitigate. It may be unfair or humiliating to require an individual to endure more rejection when the chances of finding a new job are low.

​Alternate Employment

Personal factors, such as job location and family attachments, may be relevant in determining whether it is reasonable to limit the geographic range of a search for alternate employment. An employee is not required to conduct a fruitless job search, such as where the individual knows there are no realistic prospects based on their age and industry, or if an employee is ill. Courts have also been understanding of the emotional shock that some individuals feel when they are terminated, and they may find a delay of two to three months reasonable before an individual starts looking for work, though there should be evidence of the emotional impact from the termination.

An employee in a fixed term contract may be terminated without cause before the contract term has expired. It is possible that a fixed-term employment agreement contains an enforceable termination clause, and that this termination clause would limit the employee’s reasonable notice. However, in the absence of an enforceable termination clause, the courts have ruled that the termination date is the end of the contract and therefore the employee should receive all salary owing under the fixed term contract. In such a case, the employee may not have a duty to mitigate their losses. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.



Featured Publications

Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.


Google Reviews

Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
See All Reviews