Prove-it! The British Columbia Court of Appeal Confirms the Tripartite...
Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full
Using Henson Trusts to Plan for a Family Member with...
Using a trust to provide for a special needs family member provides a way of maintaining control of assets in the hands of responsible persons, for the benefit of a family member who is living with a disability.
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, […]
The Interplay between Workers’ Compensation and the Duty to Accommodate
In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.
The Right Person For The Job: Nova Scotia Human Rights...
A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.
Supreme Court of Canada Rules Future CPP Benefits Not Deductible...
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.
Absenteeism Due to Disability: Has Frustration of Contract Occurred?
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.