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ARTICLE · 12 MAY 2024

Court Of Appeal Summaries (May 6 – 10, 2024)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 6, 2024.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good morning.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 6, 2024.

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In Croke v. VuPoint System Ltd., the Court upheld the dismissal of a wrongful dismissal case on the basis that the employment contract had been frustrated. The defendant employer's only customer was Bell Canada, and during COVID-19, the employer required internet and telephone line technicians to be vaccinated. The plaintiff refused to vaccinate and was terminated. The employer successfully argued that the vaccination policy was a “supervening event” that radically altered the contract, unforeseen at the time of contracting, and outside the employer's control. On that basis, the contract was frustrated and the employer was excused from performing (and therefore excused from being liable for termination pay).

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