In what circumstances will a declaration of termination be granted in para. 7 (b) of the statement of claim be granted?
Canada (Federal), Canada
The following excerpt is from Grocott v. Canada, 1981 CanLII 2780 (FC):
In the case at bar there is an abundance of evidence that the employment has been effectively terminated and, except for the alleged invalidity of the notice, no evidence that it continues. In this respect it is quite clearly distinguishable from the case of Wright v. The Queen, [1975] F.C. 506 (see pp. 513 and 514 of the report). Therefore, the declaration requested in para. 7 (b) of the statement of claim will not be granted.
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