"Modest" job search constituted reasonable attempt to mitigate given industry downturn

Upholding an employee's action for wrongful dismissal when his position was eliminated following an economic downturn in the heavy machine industry, an Ontario judge in Day v. JCB Excavators Ltd. has ruled that the employee's non-lucrative self-employment and lackluster attempts to seek new employment were nonetheless reasonable attempts at mitigation because a more diligent search for new employment would likely have proven unsuccessful.