Canada: Key Issues
- International students can once again only work limited hours in off-campus employment.
- The Ontario Court of Appeal confirms that the doctrine of frustration can apply in the context of vaccine mandates, to terminate employment contracts on a no-fault basis.
Canada: International Students Back to 20 Hours/Week of Off-Campus Work
The temporary policy allowing international students to work more than 20 hours per week off campus has expired effective 30 April 2024. International students can work unlimited hours during scheduled breaks, like the upcoming summer holidays. However, any international student who is also studying can now, once again, work a maximum of 20 hours per week off-campus. » Read More
Canada: Court of Appeal Confirms Employment Contract Frustrated by Employee's Failure to Comply with Client Company's Mandatory Vaccination Policy
This case is the first Court of Appeal decision to confirm that an employee's refusal to comply with a COVID-19 vaccination policy may give rise to a frustration of contract. Significantly, the Court of Appeal also confirmed that the doctrine of frustration may apply in a variety of circumstances where an unforeseen third-party requirement is imposed on the employer that prevents the parties from fulfilling the terms of the employment contract. Further, the Court of Appeal reiterated that frustration gives rise to a "no fault" termination that entitles the employer to immediately end the employment contract. » Read More
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