The legal profession, and thus our clients, will benefit from a well written and well researched recent Superior Court decision out of British Columbia about Covid lay offs and constructive dismissal.
The case is called Verigan v Ensemble Travel Ltd.
The case is a great “one stop shopping” place for lawyers to go to review leading precedents on when lay-offs can amount to constructive dismissal, how the “frustration of contract” rule may or may not apply, and how to deal with provisional consent to a lay-off, especially in light of extensions to that lay-off.
Although Ontario judges prefer to view Ontario case precedents first, BC cases are the second best source of precedent.