Fraser v. UBS Global Asset Management, [2011] O.T.C. Uned. 5448
| Jurisdiction | Ontario |
| Judge | Wein, J. |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | INSURANCE,CIVIL RIGHTS,DAMAGES,PRACTICE,EMPLOYMENT LAW |
| Citation | [2011] O.T.C. Uned. 5448,[2011] O.T.C. Uned. 5448 (SC),2011 ONSC 5448 |
| Date | 28 November 2011 |
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11 practice notes
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Can An Employee Declare Frustration Of The Employment Contract?
...no reasonable likelihood of the employee being able to return to work within a reasonable time." [Fraser v. UBS Global Asset Management, 2011 ONSC 5448 (CanLII) at para. 3. 4] The fact that a party to the employment contract takes the position that the contract has been frustrated, whether ......
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Eric's LTD Update - Fall 2019
...contract impossible and the obligations of the parties are therefore discharged without penalty: Fraser v. UBS Global Asset Management, 2011 ONSC 5448; Nason v. Thunder Bay Orthopaedic Inc., 2015 ONSC 8097, at para 180; Lemesani v. Lowerys Inc., 2017 ONSC 1808, at para RONA's position is th......
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Morey v. C.A.T.,
...employment contract, as well as the nature of the illness and the likelihood of a return to work: Fraser v. UBS Global Asset Management, 2011 ONSC 5448, [2011] O.J. No. 6167, para. [113] Frustration will be established, inter alia, if at the time of the t......
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Roskaft v. RONA Inc., 2018 ONSC 2934
...contract impossible and the obligations of the parties are therefore discharged without penalty: Fraser v. UBS Global Asset Management, 2011 ONSC 5448; Nason v. Thunder Bay Orthopaedic Inc., 2015 ONSC 8097, at para 180; Lemesani v. Lowerys Inc., 2017 ONSC 1808, at para [12] RONA’s position ......
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7 cases
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Morey v. C.A.T., 2022 ONSC 4621
...employment contract, as well as the nature of the illness and the likelihood of a return to work: Fraser v. UBS Global Asset Management, 2011 ONSC 5448, [2011] O.J. No. 6167, para. [113] Frustration will be established, inter alia, if at the time of the t......
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Lemesani v. Lowerys Inc., 2017 ONSC 1808
...made out: Duong v. Linamar Corp., 2010 ONSC 3159, [2010] O.J. No. 2314 at paras 33 – 35. [139] In Fraser v. UBS Global Asset Management, 2011 ONSC 5448, [2011] O.J. No. 6167, at paras. 28, 29, and 34, the court held that the plaintiff’s employment contract had been frustrated in circumstanc......
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Roskaft v. RONA Inc., 2018 ONSC 2934
...contract impossible and the obligations of the parties are therefore discharged without penalty: Fraser v. UBS Global Asset Management, 2011 ONSC 5448; Nason v. Thunder Bay Orthopaedic Inc., 2015 ONSC 8097, at para 180; Lemesani v. Lowerys Inc., 2017 ONSC 1808, at para [12] RONA’s position ......
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RYHORSKI v. COMMERCIAL INDUSTRIAL MANUFACTURING LTD., 2019 SKQB 85
...contract impossible and the obligations of the parties are therefore discharged without penalty: Fraser v. UBS Global Asset Management, 2011 ONSC 5448; Nason v. Thunder Bay Orthopaedic Inc., 2015 ONSC 8097, at para 180; Lemesani v. Lowerys Inc., 2017 ONSC 1808, at para [54] ......
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4 firm's commentaries
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Can An Employee Declare Frustration Of The Employment Contract?
...no reasonable likelihood of the employee being able to return to work within a reasonable time." [Fraser v. UBS Global Asset Management, 2011 ONSC 5448 (CanLII) at para. 3. 4] The fact that a party to the employment contract takes the position that the contract has been frustrated, whether ......
-
Eric's LTD Update - Fall 2019
...contract impossible and the obligations of the parties are therefore discharged without penalty: Fraser v. UBS Global Asset Management, 2011 ONSC 5448; Nason v. Thunder Bay Orthopaedic Inc., 2015 ONSC 8097, at para 180; Lemesani v. Lowerys Inc., 2017 ONSC 1808, at para RONA's position is th......
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An Illness/Injury Has Made It Unfeasible To Return To Work: What Can I Do?
...is no reasonable likelihood of the employee being able to return to work within a reasonable time" (at para 28, citing Fraser v. UBS, 2011 ONSC 5448 at para 32). The employee was entitled to termination pay based on the period from the first day of his employment, to the date the frustratin......
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An Illness/Injury Has Made It Unable To Return To Work: What Can I Do?
...is no reasonable likelihood of the employee being able to return to work within a reasonable time" (at para 28, citing Fraser v. UBS, 2011 ONSC 5448 at para 32). The employee was entitled to termination pay based on the period from the first day of his employment, to the date the frustratin......