What is the legal test for summary dismissal without notice?

Ontario, Canada


The following excerpt is from Chopra v. Easy Plastic Containers Limited, 2014 ONSC 3666 (CanLII):

It is well settled law that there is no fixed rule of law defining the degree of misconduct that justifies summary dismissal without notice. Indeed, it is ultimately a question of fact: Clouston v. Corry, [1906] A.C. 122 (N.Z.P.C.)

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