The defendant sought leave to appeal an interlocutory order that refused to stay the plaintiff's constructive dismissal action pending a determination by the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
The plaintiff alleged constructive dismissal due to abusive conduct by the defendant's CEO.
The Divisional Court dismissed the motion for leave, agreeing with the motions judge that the plaintiff's claim was for breach of contract and wrongful dismissal, not personal injury, and therefore not barred by the Workplace Safety and Insurance Act.
