D'Aoust v. 1374202 Ontario Inc.
Constructive Dismissal: Commission Non-Payment and Issue Estoppel
Summary
A constructive dismissal case where the plaintiff alleged non-payment of commissions constituted a substantial breach of contract, leading to his constructive dismissal. The defendant denied any agreement existed and claimed the plaintiff voluntarily left. The court considered whether issue estoppel applied due to a prior Employment Insurance Commission determination and whether a contractual obligation to pay commissions existed.
Key Factors
- constructive dismissal
- non-payment of commissions
- issue estoppel
- breach of contract
- damages calculation
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