Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68

Background After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva.  The plaintiff received these benefits for 104 weeks.  She was subsequently cleared to return to work and did so for the following 13 months, before […]

June 17, 2019

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 […]

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 Importance of Plaintiff Credibility in Determining Causation

A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. Background On September 19, 2006, the Plaintiff, Angela Marie Gale (“Gale”) sustained injuries in a motor vehicle accident (“2006 MVA”). On March […]

January 14, 2019

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 […]

November 29, 2018

Parties, Cocktails & Cannabis – the Triple Threat for Host...

This is the first holiday season in the post-legalization of cannabis era. If, as an employer, you are planning a holiday gathering, you should be aware that you may be exposing your company to significant financial liability for the actions of an impaired guest. The concept of host liability is not new, but with the […]

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.

New Brunswick Update: Notice Now Required to Sue a Municipality

On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.

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.

Are You Ready? Navigating Medical and Recreational Cannabis in the...

As an employer, it’s important to prepare yourself for the legalization of cannabis.