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Category Archives: Mitigation

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BC Court of Appeal clarifies employee’s duty to mitigate and necessary deductions for “avoided”, and “avoidable”, loss

Posted in Employee Obligations, Litigation, Mitigation, Termination, Wrongful Dismissal

In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the British Columbia Court of Appeal addressed the treatment of replacement income in the calculation of damages for a wrongfully dismissed employee. The  Court of Appeal also overturned an award of eight months’ reasonable notice for an employee with only one year of service and considered a plaintiff’s entitlement to fringe benefits during the notice period.


Mr. Pakozdi was a bid estimator and construction professional who commenced employment with B & B Heavy Civil Construction Ltd. in early January 2014. During his employment, and with … Continue Reading