In Hettrick v Triple F Paving (2021 ONSC 208) Miller J. had a situation where a 73 year old office manager with 21 years of service went off on a sick leave. Her employer asked for a medical note but did not say that in the absence of a medical note she would deemed to have quit.
In Taylor v Hanley Hospitality (2021 ONSC 3135) released June 7, 2021, Ferguson J. ruled that Coutinho v Ocular Health Centre (20121 ONSC 3076) was wrongly decided and thus does not have to be followed. The Plaintiff was put on IDEL leave on March 27, 2020, then recalled and returned to work on September 3, 2020.
In Coutinho v Ocular Health Centre (2021 ONSC 3076) Justice Broad was faced with an issue that has become of vital importance in Ontario, namely whether a temporary layoff under the ESA (now called Infectious Disease Emergency Leave) constituted a constructive dismissal under the common law.