Opinions and Legal Insights

Frustration of Contract Can be Resolved by Summary Judgment – Does Not Require A Trial

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

In Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court held that was not.