View cases - Stewart McKelvey

Page: 19increase in the quantum of damages payable to the plaintiff. The reference inthe case law to a "duty" to mitigate should be understood in this sense.In short, a wronged plaintiff is entitled to recover damages for the losses hehas suffered but the extent of those losses may depend on whether he hastaken reasonable steps to avoid their unreasonable accumulation.” (emphasisadded)[95] The documentary evidence which was confirmed by Mr. Chandran in his evidence wasthat there were account manager positions available, in the high $80,000.00 range.[96] The Bank relies on Mr. Chandran’s evidence that he limited his job search to seniormanager positions even though he knew that there were no senior manager postings. He wasencouraged by a head-hunter to apply for account manager positions. He testified that he tookthat advice “with a grain of salt”, as he believed that the headhunter was interested primarily inearning commission. Mr. Chandran admitted that if he had applied for account managerpositions, he would probably have been hired within one or two months. He did not apply for anaccount manager position until May 2008 (approximately eight months after his terminationfrom employment).2011 ONSC 777 (CanLII)[97] Mr. Chandran testified that within three weeks of his dismissal he negotiated and enteredinto a management consulting agreement with Solo Truck & Trailer Center Ltd. through hisconsulting company Taracon Holdings Inc. The agreement was in effect from October 1 toNovember 23, 2007. He received only $4,140.00 plus G.S.T. in fees. Mr. Chandran alsotestified that between October 15, 2007 and January 15, 2008, he sent letters to 12 companies inand around the North York region for the purpose of providing consulting services. He receivedno responses.[98] From January 6, 2008 to April 23, 2008 Mr. Chandran spent “a lot of time”unsuccessfully negotiating the purchase of a tool-making company called Decovich Tools.During this time, Mr. Chandran applied for one job posting, for the CEO of the RoyalConservatory of Music in Toronto. He did not receive an interview.[99] Mr. Chandran then realized that his strategy was not working. In May, 2008 he beganapplying to job postings both in the banking and non-banking industry. He also testified thataround this time he shifted his focus away from looking only for a senior manager position andbegan considering account manager positions.[100] Mr. Chandran contacted various banks and received an interview with BMO inSeptember 2008. On October 27, 2008 he was offered the position of Business DevelopmentManager. He accepted this position and began working at BMO on December 1, 2008.[101] The Bank submits that Mr. Chandran failed to take reasonable steps to mitigate becausehe did not apply for available account manager positions between September 12, 2007 and May