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 […]

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.

June 25, 2018

Supreme Court of Canada Clarifies the Scope of Existing Duties...

In Rankin (Rankin’s Garage and Sales) v. J.J., 2018 SCC 19, the Supreme Court of Canada clarified how it will interpret existing duties of care, in the context of a personal injury arising from the theft of a vehicle stored at a commercial garage, and the evidentiary requirements for establishing novel duties of care.

April 10, 2018

Breaching Duty of Care: Can Individual Employees Be Personally Liable?

A recent decision of the Ontario Court of Appeal, Sataur v Starbucks Coffee Canada Inc., 2017 ONCA 1017, addressed the issue of whether individual employees can be personally liable for breaching a duty of care owed to a customer in the course of their employment.

November 28, 2017

Festive Feasts and Merry Martinis: Top 10 Tips to Minimize...

‘Tis the season for holiday parties. Cox & Palmer would like to remind employers about the steps they should take to minimize their liability risks arising from the consumption of alcohol by employees and their guests.

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.

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.

March 9, 2017

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?

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.