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
Security for Costs in Estate Litigation
Security for costs is a remedy available to parties defending a claim where, if they were successful in defending the claim, they would fact undue difficulty in collecting a costs award made against the unsuccessful claimant.
Estate Planning Preparation – Checklist
“Everything to each other, and if we both go, to the kids”. Sound familiar? Estate planning is actually far more complicated than this. When preparing for your estate planning meeting with Cox & Palmer there are a number of things to consider. The checklist below will serve as a helpful tool. Estate Planning Preparation – […]
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, […]
Significant Development in the Law of Guardianship in Newfoundland and...
In Re A.A., the Newfoundland and Labrador Court of Appeal has affirmed that the Supreme Court Trial Division may grant general orders for a unique form of guardianship of adults who live with a mental disability. Commonly known as “Guardianship of the Person”, this kind of order gives the Court-appointed guardian the plenary authority to […]
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.