This appeal concerned the application of the doctrine of frustration to an employment contract terminated due to the employee's COVID-19 vaccination status.
The appellant, a technician for VuPoint Systems Ltd., was terminated after refusing to comply with a mandatory vaccination policy implemented by Bell Canada, VuPoint's dominant client, which rendered him ineligible to perform his duties.
The motion judge found the contract frustrated.
The Court of Appeal dismissed the appeal, affirming that the Bell Policy was a supervening event that radically altered the employment contract, was unforeseen at the time of contracting, and was outside VuPoint's control.
The Court clarified that the employee's voluntary refusal to vaccinate did not negate frustration, as the supervening event was the policy itself, not the employee's conduct.
