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.
Much attention has recently been given to the Ontario Superior Court of Justice decision in Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (“Coutinho”). The reason for this is simple; Coutinho is the first court judgment in Ontario to address how Infectious Disease Emergency Leave (“IDEL”), introduced by the Ford government in May 2020, affects traditional employee rights.