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Review the Court of Appeal decision in Bowes v. Goss Power Products Ltd., 2012 ONCA 425 (CanLll). The issue before the Court was whether an

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Review the Court of Appeal decision in Bowes v. Goss Power Products Ltd., 2012 ONCA 425 (CanLll). The issue before the Court was whether an employee, who is terminated without cause, is required to mitigate his or her loss when entitled to a fixed term of notice or pay in lieu, and the contract of employment is silent with respect to mitigation. Which of the following statements about that decision is FALSE? Select one: a. The employer argued that since Bowes' employment contract provided no exemption from the duty to mitigate, Bowes was not entitled to the full amount provided for under the agreement as he had mitigated his loss by finding new employment. O b. The application judge concluded that the duty to mitigate applied to the calculation of damages. He held that: "[The mere fact that the parties have agreed on the period of reasonable notice does not mean that the obligation to mitigate is ousted by agreement." c. The application judge held that the appellant was "obliged to mitigate" and was entitled to only the statutory minimum paid by the respondent. O d. The Court of Appeal decided that where a contract of employment contains a fixed severance entitlement, the employment contract is subject to a duty to mitigate unless the agreement, either directly or by implication, relieves the employee of this obligation

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