The 'all verbal' defense didn't work; court demanded complete documentation
An Ontario court has ordered a terminated employee to produce comprehensive documentation of his job search efforts after he provided only a brief log of six applications and claimed the rest of his mitigation efforts were conducted verbally with no paper trail.
Associate Justice Glick ruled on Feb. 2, 2026, that David Handy, a former DEF truck driver for M&C Investments Incorporated, must conduct a thorough search for records relating to his mitigation efforts and serve a better affidavit of documents within 30 days. The wrongful dismissal case involves disputes over the nature of Handy's Nov. 13, 2024 termination, the enforceability of a termination clause in his employment agreement, and what steps he took to find new work during the notice period.
Handy initially provided no mitigation documentation in his first affidavit of documents, despite claiming in his statement of claim that "he has attempted to mitigate his damages and sought other reasonably comparable positions" and seeking reimbursement for "job search expenses and any relocation expenses incurred as special damages, the full particulars of which will be provided before trial."
His supplementary affidavit contained only a short application log listing six jobs he applied to in November 2024. No resume, no employment insurance records, and no information about job outcomes appeared in the disclosure....
Key Takeaways Aetna allegedly leveraged inaccurate Medicare Advantage diagnosis coding to elevate risk adjustment payments, including morbid obesity coding inconsistent with clinical documentatio...