Nadia & Stuart Rudner
"Getting Frustration of Contract Right - What Happens if a Worker Fails to Provide Medical Documentation to Support Their Ability To Work" Canadian Human Rights Reporter
The employee needs to communicate more than a desire to return to work. The employee must demonstrate ability to return to work to trigger the duty to accommodate. The court found that the employer was correct to treat the relationship as being frustrated, when the employee did not supply twice requested medical information.