Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402
| Jurisdiction | Ontario |
| Judge | Feldman, Gillese and Pepall JJ.A. |
| Citation | 2017 ONCA 402 |
| Date | 23 May 2017 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C61997 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
36 practice notes
-
D.M. v. The Children__s Aid Society of Ottawa,
...688; XE "para:N14067:MsoFootnoteText" R. v. Sheppard, [2002] 1 S.C.R. 869 at para. 15. [69] Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 at para. 52; Canadian Broadcasting Corp. Pension Plan (Trustee of) v. BF Realty Holdings Ltd., [2002] O.J. No. 2125 at para. 24 [70] Bruno v. ......
-
International Air Transport Association v. Canadian Transportation Agency, 2022 FCA 211
...through an administrative mechanism rather than through an action for damages: see, by way of analogy, Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402, 413 D.L.R. (4th) 284 at paras. 109-119. Such a scheme provides benefits to certain persons subject to objective conditions which are indepen......
-
Ontario Court Of Appeal Summaries (May 23 26, 2017)
...and leave to commence fourth party claims in the construction law context. Table of Contents Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 Keywords: Employment Law, Wrongful Dismissal, Constructive Dismissal, Employment Standards Act , Notice, Statutory Entitlements, Damages, Mitigation G......
-
Quadrexx Hedge Capital Management Ltd. v. Ontario Securities Commission, 2020 ONSC 4392
...1 S.C.R. 869 at para. 15; National Gallery of Canada v. Lafleur de la Capitale Inc., 2017 ONCA 688. [23] Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 at para. 52; Canadian Broadcasting Corp. Pension Plan (Trustee of) v. BF Realty Holdings Ltd., [2002] O.J. No. 2125 at para. 24 [24] R. v. ......
Request a trial to view additional results
22 cases
-
International Air Transport Association v. Canadian Transportation Agency, 2022 FCA 211
...through an administrative mechanism rather than through an action for damages: see, by way of analogy, Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402, 413 D.L.R. (4th) 284 at paras. 109-119. Such a scheme provides benefits to certain persons subject to objective conditions which are indepen......
-
D.M. v. The Children__s Aid Society of Ottawa, 2021 ONSC 8360
...688; XE "para:N14067:MsoFootnoteText" R. v. Sheppard, [2002] 1 S.C.R. 869 at para. 15. [69] Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 at para. 52; Canadian Broadcasting Corp. Pension Plan (Trustee of) v. BF Realty Holdings Ltd., [2002] O.J. No. 2125 at para. 24 [70] Bruno v. ......
-
Quadrexx Hedge Capital Management Ltd. v. Ontario Securities Commission, 2020 ONSC 4392
...1 S.C.R. 869 at para. 15; National Gallery of Canada v. Lafleur de la Capitale Inc., 2017 ONCA 688. [23] Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 at para. 52; Canadian Broadcasting Corp. Pension Plan (Trustee of) v. BF Realty Holdings Ltd., [2002] O.J. No. 2125 at para. 24 [24] R. v. ......
-
HETHERINGTON v. SASKATCHEWAN LIQUOR AND GAMING AUTHORITY, 2020 SKQB 110
...324 at 331 [Michaels]. See also: McIntosh v Saskatchewan Water Corp. (1989), 77 Sask R 81 [McIntosh]; and Brake v PJ-M2R Restaurant Inc., 2017 ONCA 402 at para 94, 413 DLR (4th) 284 [Brake]. [121] The burden of proving that the terminated employee failed to mitigate his or her losses rests ......
Request a trial to view additional results
12 firm's commentaries
-
Ontario Court Of Appeal Summaries (May 23 26, 2017)
...and leave to commence fourth party claims in the construction law context. Table of Contents Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 Keywords: Employment Law, Wrongful Dismissal, Constructive Dismissal, Employment Standards Act , Notice, Statutory Entitlements, Damages, Mitigation G......
-
Mitigating Damages After Dismissal
...held that, as a general principle, income earned during the common law notice period may be deducted as mitigation income. Footnotes 1 2017 ONCA 402. Available at To discuss these issues, please contact the author(s). The content of this article is intended to provide a general guide to the......
-
Workwise: Certain Earnings During Notice Period Not Considered Mitigation
...23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain earnings during the notice period should not be deducted from damages for......
-
'She Got A Break Today' - Court Refuses To Deduct Earnings During Notice Period
...by Graham Bevans, Summer Law Student Brake v. PJ-M2R Restaurant Inc. (2017 ONCA 402) is an important decision on employers' potential liability in wrongful dismissal actions. The Ontario Court of Appeal clarified a number of issues relating to mitigation after dismissal and in doing so impo......
Request a trial to view additional results