What is the test for sufficient communication between a party and party?
Ontario, Canada
The following excerpt is from Patterson v Hanson Hardscape Products Inc, 2013 CanLII 54058 (ON SCSM):
41. To borrow a concept from the law of just cause for dismissal, the appropriate analysis of what is a sufficient communication must be contextual: see McKinley v. BC Tel, 2001 SCC 38 (CanLII), [2001] 2 S.C.R. 161. It is neither necessary nor appropriate for the court to hold that email communication on a subject like the present is never appropriate nor that it is always appropriate. Particularly given the multiplicity of different means of communication commonly available in today’s world, a contextual analysis is appropriate.
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