In a constructive dismissal action, what is the effect of the trial judge’s findings of fact in concluding that the respondent's offer amounted to constructive dismissal?
Canada (Federal), Canada
The following excerpt is from Farber v. Royal Trust Co., [1997] 1 SCR 846, 1997 CanLII 387 (SCC):
47. Moreover, I note that I am in no way altering the trial judge’s findings of fact in concluding that the respondent’s offer amounted to constructive dismissal. On the contrary, I am relying on those findings to arrive at the necessary legal conclusion. As Beetz J. stated in Desgagné v. Fabrique de St‑Philippe d’Arvida, 1984 CanLII 129 (SCC), [1984] 1 S.C.R. 19, at p. 31: It therefore does not entail substituting my own view of the evidence for that of the trial judge, but drawing conclusions in law based on the facts which she herself considered to have been established. B. Remuneration in Lieu of Notice
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