“Desire to Work” is not enough: Appellate court upholds dismissal for...
The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate...
View ArticleFrustration of contract can be resolved by summary judgment – Does not...
Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated? Continue...
View ArticleResignations: employers saddled with burden to investigate
When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an...
View ArticleThree popular articles this week on HRinfodesk
The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment. Continue reading Three popular...
View ArticleCOVID-19 and frustration of contracts
Organizations are suddenly facing economic uncertainty given the new and far reaching consequences of COVID-19. Continue reading COVID-19 and frustration of contracts
View ArticleCOVID-19 issues: Frustration, subject-to clauses and contracts of purchase...
COVID-19 has resulted in a number of issues which put the performance of purchase contracts for real property at risk. Some of the more obvious concerns include reduced cashflows, layoffs, economic...
View ArticleCOVID downturn in business not a frustration of employment
Frustration, in the employment law context, describes a situation where ongoing employment has been rendered untenable by an unanticipated change in circumstances beyond the parties’ control. Continue...
View ArticleWhen the chips are down – BC Court of Appeal provides guidance on force...
In Interfor Corporation v Mackenzie Sawmill Ltd, the British Columbia Court of Appeal dismissed an appeal from a summary trial decision ordering declaratory relief. Interfor confirms that the presence...
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