The COVID-19 pandemic has obviously impacted and impeded the way
in which businesses can operate. More specifically, through
various lockdowns and mandatory closures for workplaces not deemed
“essential”, the pandemic has not only impeded
businesses, it has prohibited some businesses from operating.
And if we understand employment to be, in essence, a contract in
which one party (the employee) provides services to another party
(the employer) in exchange for compensation, well the lockdown
measures have basically made employment prohibited for some
people.
The normal result of employment ending, or the contract being
breached through no fault of the employee, is damages by way of
notice of termination or pay in lieu thereof. The Ontario
government attempted to solve that problem last year when it
introduced the Infectious Disease Emergency Leave, whereby an
employee whose hours of work are reduced or eliminated due to
COVID-19 reasons is deemed to be on a
