Detecting Impairment in the Workplace

The legalization of cannabis has heightened concern and awareness around impairment in the workplace. Legalization has certainly made cannabis more accessible. However, it is still generally understood that it is inappropriate to report to work impaired unless an employee is part of an agreed accommodation arrangement where some level of impairment is permitted, or the […]

Future Care Costs for Cannabis in Personal Injury Claims

As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still exists, but under new regulations passed under the authority of the Cannabis Act.

Employer’s Refusal to Hire Medical Cannabis User Upheld by NL...

In a closely watched decision, the Supreme Court of Newfoundland and Labrador (the “Court”) recently upheld an arbitration decision that endorsed an employer’s decision to refuse employment on the basis of an individual’s medical cannabis use. In International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. v IBEW, Local 1620 (Tizzard), Re, 2018 CarswellNfld 198, […]

Employment & Labour – Top Ten Cases of 2018

2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]

Preparing for Cannabis Legalization: Federal and Atlantic Canadian Regulations

The legalization of cannabis has been set for October 17, 2018. This transformation will have a significant impact on employers as well as the general public, and yet for many, the impending legalization is shrouded in uncertainty.

PEI Municipalities: Preparing for Cannabis Legalization

As the highly anticipated day of cannabis legalization in Canada draws near, Prince Edward Island municipalities must acknowledge and prepare for the challenges coming their way.

Breaching Duty of Care: Can Individual Employees Be Personally Liable?

A recent decision of the Ontario Court of Appeal, Sataur v Starbucks Coffee Canada Inc., 2017 ONCA 1017, addressed the issue of whether individual employees can be personally liable for breaching a duty of care owed to a customer in the course of their employment.

Festive Feasts and Merry Martinis: Top 10 Tips to Minimize...

‘Tis the season for holiday parties. Cox & Palmer would like to remind employers about the steps they should take to minimize their liability risks arising from the consumption of alcohol by employees and their guests.

Case Law Highlights the Difficulties of Establishing Liability for Slip...

This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.