CERB as mitigation income

Justice Perell just released an interesting/sad wrongful dismissal case that considered several issues, including the one listed above.

In the case of Sonia Gracias v Dr. David Walt Dentistry the court followed several other Ontario cases and found that CERB income should not be equated with mitigation income. This means that the employer does not get to credit that income against damages owing to the wrongfully dismissed employee.