SCC Decision: May 1, 2008

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Evans was employed for over 23 years as a business agent for a union. After election of a new union executive, Evans was dismissed. Evans and the Union negotiated the conditions of his termination, and eventually the Union asked that he return to work to serve out the balance of his notice period of 24 months. He refused to do so. The Court held that Evans failed to mitigate his damages by not accepting the Union’s offer because in all of the circumstances it was unreasonable for him not to return to work for the rest of the notice period.