Ontario Court of Appeal Confirms that Refusal to Comply with Vaccination Policy Amounts to Frustration of Contract
In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal upheld a Superior Court decision that the appellant’s employment contract had been frustrated due to his failure to comply with a mandatory vaccination policy. Background The appellant, Mr. Croke, was employed by VuPoint Systems Ltd. (“VuPoint”) as a technician. VuPoint’s main customers are Bell Canada and Bell ExpressVu (“Bell”). VuPoint provides residential satellite TV installations and smart home internet services on behalf of Bell. All of Mr. Croke’s work was essentially for Bell. In 2021, in the midst of the COVID-19 pandemic, Bell implemented a mandatory ... [more]
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