COVID-19 - Articles & Videos
Case Law Update: COVID-19 Vaccination Policies and Frustration of Contract
In a recent decision, the Ontario Court of Appeal upheld a 2023 decision of the Superior Court of Justice which found that an employment relationship had become frustrated as a result of an employee’s refusal to comply with a mandatory vaccination policy.
Confirmed: Refusing to get Vaccinated can be Frustration of Contract
An employee’s refusal to get vaccinated constituted frustration of contract in Croke v VuPoint System Ltd.
Another Judge Finds that COVID-related Layoff is Constructive Dismissal
We have said it many times before: temporary layoffs are constructive dismissals in almost every (non-unionized) situation. And as far back as March 24, 2020, we warned that the COVID-19 pandemic did not change that.
New Court Decision on Infectious Disease Emergency Leave
As we have written about previously, there are conflicting Court decisions about the legal effect of leaves under Infectious Disease Emergency Leave.
At what point is a contract “frustrated”, and what does that mean?
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
Arbitration Decision on Just Cause Dismissal for Refusal to Vaccinate
In this video update, Nadia Zaman talks about the latest arbitration decision on just cause for dismissal for refusal to vaccinate.
2021: The Employment Year in Review – Part Two
Part two of our 2021 review. In the world of employment law, 2021 was a year of contrasts. What might these changes mean for the Canadian employment law landscape?
2021: The Employment Year in Review – Part One
In the world of employment law, 2021 was a year of contrasts. What might these changes mean for the Canadian employment law landscape?
