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.
Random Drug and Alcohol Testing OK For Now at the...
In a recent court case from Ontario, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078, the Amalgamated Transit Union, Local 113 (the “Union”) applied for an injunction to prevent the Toronto Transit Commission (the “TTC”) from implementing random drug and alcohol testing for its employees.
Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings
In Commission des normes, de l’équité, de la santé et de la sécurité du travail c Commission des lésions professionnelles, 2016 QCCS 2424, the Quebec Superior Court held that provincial occupational health and safety legislation does not apply to general contractors working on federal undertakings.
Casual Worker Permitted to Sue Employer for Injuries Resulting from...
Workers’ Compensation generally operates like a form of insurance in that it provides wage replacement and medical benefits to employees who are injured in the course of their employment.
Availability of Coverage Under a CGL Policy For Historical Sexual...
Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?
Illegal Drugs in the Workplace: The Test to Establish Possession
The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.
When the Courts “Exclude” an Exclusionary Clause, Insurers Have a...
The present litigation resulted from two actions launched by Armel Drapeau (Drapeau) following an investigation carried out by the Financial and Consumer Services Commission (Commission) into Drapeau’s business of trading securities.
11 Steps to Minimize Holiday Party Liability
It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.
Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta...
A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.
Medicinal Monday to Fridays: When Employees Are Under the Influence...
The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.