Countinho v Taylor : Which One Will Prevail?

In Coutinho v Ocular Health the Court decided that IDEL did not change the common law of constructive dismissal so that the layoff, even though allowed under the ESA, was still a dismissal under the common law .

In Taylor v Hanley Hospitality the Court decided the opposite and said that IDEL oveturned the common law and thus a IDEL layoff was not a dismissal.

Ocular Health is seeking leave to appeal from Divisional Court ( to be heard in writing on September 22, 2021) . This is going to Div Ct because it is an interlocutory motion as the case will now proceed to a trial to determine the reasonable notice period.

But because the decision in Taylor brought the case to an end, the decision was final and thus the appeal will be to the Court of Appeal.

Will we possibly have two different decisions on the same legal issue ? 

I am advised by a good friend of mine who adores civ pro that the more likely result is that the Div Ct will defer to the Court of Appeal and not hear argument until the Court of Appeal renders their decision.

I hope so. We need an answer to this issue ASAP.

As someone said to me recently, ” I am getting whiplash reading your blogs .”