Madchen V.J. Funk

This application concerned a dispute over the purchase of a "Farm Property" from an estate.

The applicant sought authorization to purchase the property, while one respondent claimed a first option to purchase under the deceased's will.

The court analyzed the will's provision for "express written notice" to trigger the 30-day option period and whether the respondent had effectively waived his entitlement.

The court concluded that the respondent had properly exercised his option, as the conditions for triggering the option period were not met until a later date, and no effective waiver occurred.

An employee who began working for a predecessor company in 1995 with an arrangement to work from home three days per week was informed in January 2017 that she could no longer work from home effective March 1, 2017.

The employee took the position that she had been constructively dismissed.

The motion judge found constructive dismissal based on two grounds: the breach of an essential term regarding work-from-home arrangements and the arbitrary setting of the employee's fourth quarter 2016 bonus.

The motion judge awarded 20.5 months of salary (less a 10% contingency), compensation for the underpaid bonus, and lost benefits.

The employer appealed; the employee cross-appealed regarding bonus entitlements during the notice period.