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.
Gradual Onset Mental Stress is Not Compensable for Federal or...
The New Brunswick Court of Appeal in Attorney General of Canada v Mullin and Workplace Health, Safety and Compensation Commission, 2016 NBCA 31, restored an original denial of compensation for a claim of gradual onset mental stress issued by WorkSafe NB.
What Constitutes a Sufficient Breach of Trust to Justify Dismissal?
Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]
Successful Settlement Agreement Enforced
The defendants successfully brought a motion to enforce a settlement agreement in a personal injury action.
Court Denies Plaintiff’s Application to Add Another Plaintiff
The Health Authority sued a contractor and the City of Corner Brook with regards to damage to a hospital building and its contents, due to flooding from a sewer back-up. In their pleadings, the defendants admitted that the Authority owned the building.
Admission of Discrimination Not Required for Settlement
Under the Nova Scotia Human Rights framework, a Board of Inquiry must approve any settlement reached after a complaint is referred to a hearing before the Board.
Plaintiff Recovery Limited When Contributorily Negligent
The Nova Scotia Supreme Court recently reaffirmed the law that, in Nova Scotia, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to each defendant individually.
An Employee With a 14 Year Absence Reinstated With Full...
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.
CMPA Not an Insurer
The plaintiff, Shirley Shannon, had been sexually assaulted by her psychiatrist Dr. Akoto. Shannon suffered emotional and mental distress as a result of the sexual assaults and attempted suicide resulting in extensive physical injuries.
Labour Arbitration: When are Damages in Lieu of Reinstatement an...
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.