Teilen Celentano

The appellant employer appealed a trial decision finding it had constructively dismissed the respondent employee and rejecting its argument that the employment contract was frustrated by the employee's physical limitations.

The Court of Appeal upheld the finding that the contract was not frustrated, as the employee's limitations were temporary and could be accommodated.

However, the Court allowed the appeal in part, deducting damages awarded for the loss of use of a company tow truck and cellphone, finding they were work tools rather than personal employment benefits.

The appellant short-term rental business appealed a Small Claims Court decision awarding the respondent damages for reasonable notice after finding he was a dependent contractor.

The appellant argued the Deputy Judge erred in applying the dependent contractor test and in relying on invoices rather than tax forms to establish economic exclusivity.

The Divisional Court dismissed the appeal, finding no procedural unfairness as the documents were produced in advance, and no palpable and overriding error in the Deputy Judge's conclusion that the respondent's work was near-exclusive.

The plaintiff brought a motion for leave to amend her statement of claim to add a corporate entity as a defendant in a wrongful dismissal action.

The responding parties opposed the motion, arguing that the applicable two-year limitation period had expired and that the revocation of Ontario Regulation 73/20 rescinded the COVID-19 limitation period suspension.

The court rejected this argument, finding that the limitation period was suspended from March 16, 2020, to September 14, 2020, and had not yet expired.

The motion to add the defendant was granted.