What is the test for a voluntary resignation?
Canada (Federal), Canada
The following excerpt is from Quality Transport Services (NB) Ltd v Jenkins, 2010 CanLII 98804 (CA LA):
17. The test for voluntary resignation has best been stated in the case of Assouline v. Ogivar Inc., [1991] 39 C.C.E.L. 100 (B.C.S.C.) at page 104 where Millward J. stated: “Given all the surrounding circumstances, would a reasonable man have understood by the plaintiff’s statement that he had just resigned?”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the factors that determine whether consent to search was voluntary? (MultiRegion, United States of America)
What is the test for inferring that a defendant's absence from a criminal proceeding is voluntary? (MultiRegion, United States of America)
What is the test for a plea of voluntary and intelligently pleading guilty to a charge of possession of a drug with intent to pervert the course of justice? (MultiRegion, United States of America)
Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea? (MultiRegion, United States of America)
When will a judge reassign a defendant to a different judge after a finding that his guilty plea was not voluntary? (MultiRegion, United States of America)
Does a voluntariness colloquy need to be held before a court accepts a defendant's admission of supervised release violations? (MultiRegion, United States of America)
What is the test for a knowing and voluntary waiver of an individual's right to appeal? (MultiRegion, United States of America)
What is the test for a knowing and voluntary waiver of a right to appeal? (MultiRegion, United States of America)
Does the plea of a defendant in a civil case have to be voluntary? (MultiRegion, United States of America)
Does the period of time taken by the Department of Justice during the course of the confession/admission process determine whether the confession or admission was voluntary? (MultiRegion, United States of America)
