February 26, 2019

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.

May 25, 2018

“Irreconcilable incongruity” in Plaintiff’s reporting disallows claim for loss of...

In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.

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.

Ontario’s New “Deferential” Approach to Planning Appeals – Lessons from...

Those interested in how the new planning appeals system in Ontario will operate may want to look East – to Nova Scotia. The Ontario government recently unveiled its proposal to overhaul the province’s land use planning appeals system.

November 1, 2017

Municipal Planning Appeals: Know the Odds

Cranes. Scaffolding. Orange vests and hard hats. Construction around Halifax keeps cruising along at an exciting pace.

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.

July 26, 2016

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.