What is the test for repudiation of an employment agreement?
Ontario, Canada
The following excerpt is from Humphrey v. Mene, 2021 ONSC 2539 (CanLII):
As noted by Dunphy J. in Oudin v. Centre Francophone de Toronto, 2015 ONSC 6494 (“Oudin”), at para. 27, aff’d 2016 ONCA 514: 27 The test for repudiation of contracts in general and employment agreements in particular is neither new nor particularly controversial. Parties will be held to have repudiated an employment agreement if by their conduct they have demonstrated their “clear intentions to no longer be bound by the terms of the employment agreement”.
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