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Disability or illegality matters in frustration of employment contract cases
  • Heenan Blaikie LLP
  • Canada
  • December 1 2011

...The Ontario Divisional Court has recently taken some of the “frustration” out of frustration of employment contract cases. In Cowie v. Great Blue Heron Casino, the Divisional Court overturned a trial...

A frustrating employment contract: when does it end in the case of terminal illness?
  • Baker McKenzie
  • Canada
  • June 22 2015

...Employment contracts can be frustrating, but they can also be frustrated. The former is a simple fact of life, while the latter is a key principle of contract law. “Frustration” occurs where...

Do employers have an obligation to "frustrate" an employment contract?
  • Cassels Brock & Blackwell LLP
  • Canada
  • July 6 2015

...Employment contracts can be considered “frustrated” when an unforeseeable event occurs that makes it impossible to fulfill the terms of the contract. Where frustration occurs, an employer can end...

Are you “frustrated”? Good news for employers from the Human Rights Tribunal of Ontario
  • DLA Piper
  • Canada
  • January 23 2014

...The contract law doctrine of frustration may provide employers with a solution to the problem of the long-term or serially disabled employee who is seldom at work, or entirely absent, for years...

Frustration of contract part 1
  • McCarthy Tétrault LLP
  • Canada
  • July 17 2012

...of “frustration”, and terminate employment. (A similar concept for union employees is known as “innocent absenteeism”.) The doctrine of frustration of contract operates as a complete defence to wrongful dismissal...

Frustration of contract: can it be done?
  • Rubin Thomlinson LLP
  • Canada
  • August 31 2010

...period, we inevitably get asked whether there ever comes a point where the employer can terminate the employment relationship. Frustration of Contract: Can it be done? In employment law, there is a concept...

Long term disability - when will employment contract be “frustrated”?
  • Fasken
  • Canada
  • February 28 2014

...Extended medical leaves of absence are one of the most difficult human resource challenges for employers today. Like any contract, an employment contract can be “frustrated” and come to an end...

Further "frustration" for employers dealing with employees on long term disability
  • Stikeman Elliott LLP
  • Canada
  • October 27 2010

...with an employee on long term disability can be said to be frustrated, and concluded. In the recent decision of Naccarato v. Costco, the Court has stated that termination for frustration in employment contracts...

New human rights decision provides guidance on frustration of contract
  • McCarthy Tétrault LLP
  • Canada
  • January 21 2014

...When is an employment agreement frustrated? We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment...

Frustration Part 2
  • McCarthy Tétrault LLP
  • Canada
  • July 24 2012

...In an earlier post here, we spoke about the possibility of alleging frustration of contract when an employee is absent for a lengthy period due to illness or disability. The doctrine was also...