RONA Inc. brought a motion for summary judgment to dismiss a wrongful dismissal action initiated by Brian Roskaft.
Roskaft, who had been on long-term disability (LTD) since 2012, was terminated in 2015 on the grounds of frustration of contract, with RONA asserting there was no reasonable likelihood of his return to work.
The court considered the totality of evidence, including post-termination medical information, to determine if the contract was frustrated at the time of dismissal.
The motion was granted, and Roskaft's claim was dismissed.