A recent without cause dismissal case shows summary judgment can be an effective tool for fast resolution of simple employment law claims, even if there are lingering issues such as mitigation, says Toronto employment lawyer Kevin Marshall.
"Mitigation can be a contentious issue and that may be reason enough why many lawyers may be reluctant to go to summary judgment," says Marshall.
"Those who represent employees commonly run into the problem where the client hasn't looked for work, or at least hasn't been able to prove they've put much effort into looking for a job. That is the primary way one mitigates his or her damages, Marshall tells AdvocateDaily.com. "And if they can't produce evidence of mitigation, that works against them."
But in Summerfield v. Staples Inc., 2016 ONSC 3656 (CanLll), a summary judgment was made even though the employer raised concerns over the employee's failure to mitigate. Read more here.