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ARTICLE · 25 MAY 2022

Taylor v. Hanley Hospitality Inc., 2022 ONCA 376

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Have you ever seen a movie and eagerly anticipated the sequel, only to be bitterly disappointed?

CanadaEmployment and HR
P.A. Neena Gupta
P.A. Neena Gupta
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Have you ever seen a movie and eagerly anticipated the sequel, only to be bitterly disappointed?

Employment lawyers felt the same way when they read the long-awaited decision of the Ontario Court of Appeal in Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, released by the Court of Appeal May 12, 2022.

Justice Lois Roberts drafted the reasons for decision for the unanimous panel of three. This decision was expected to resolve the debate whether unpaid layoffs in the wake of COVID-19 could constitute constructive dismissal at common law, even if statutory notice and severance under the Ontario Employment Standards Act, 2000  were not owing. Some offices even had informal betting pools as to how the Court of Appeal would decide.

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