Does the allegation of constructive dismissal constitute a basis for striking the jury notice?

Prince Edward Island, Canada


The following excerpt is from Desroches v. Di-Carra Inc., 1999 CanLII 4671 (PE SCTD):

On the same reasoning, regarding the allegation of constructive dismissal in the present case, I am also not convinced that the issues of law and of fact are so substantially interwoven and interdependent as to be virtually inseparable; or that the subject matter of the case is intricate or complex such that a trial judge might incur much difficulty in properly instructing a jury as to the applicable principles of law which it must apply to the decided facts. Constructive dismissal is a more complex concept than is just cause; however, the issue is largely factual, and the law is sufficiently capable of explanation to the understanding of lay finders of fact, that it does not constitute a basis for striking the jury notice. This perspective is supported by Killorn v. HealthVision Corp. (1996), 44 C.P.C. (3d) 191 (N.S.S.C.).

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