Earlier this year, new legislation was introduced into New Brunswick which recognizes the barriers to accessibility and the impact this has on persons with disabilities. The Accessibility Act[1] strives to achieve a more accessible New Brunswick by 2040. The purpose of the legislation is to identify, prevent, and remove barriers to accessibility by creating accessibility […]
The duty to accommodate an employee with childcare responsibilities is not unlimited. The recent decision of Aguele v. Family Options Inc., 2024 HRTO 991[1] from the Human Rights Tribunal of Ontario (“HRTO”) provides some insight for employers responding to requests for schedule changes from employees with childcare responsibilities. Case Summary: The employer provided housing and […]
MacDonald v MacDonald, 2024 NSCA 58 Judge: Justice Farrar Subject: Motion to Stay, Relocation Summary: The parties are former spouses and parents to an eleven-year-old son. Mr. MacDonald assumed primary care and decision-making responsibility of their son in 2022 after Ms. MacDonald was found guilty of fraud and incarcerated. In 2023, the Court granted Mr. […]
Weagle v Kendall, 2023 NSCA 47 Judge: Justice Carole A. Beaton Subject Matter: Parenting Time; Relocation The father appealed from the trial judge’s decision allowing the mother to relocate their child from Halifax to Ottawa. The appeal was allowed, and the matter sent for a rehearing with another judge. The judge erred in overemphasizing the […]
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 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.
2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]
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, […]
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 […]
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 […]