Tag Archives | Supreme Court of Canada

Erin Brandt Kent Employment Law

Stewart: Balancing Collective and Individual Rights

How can an employer ensure a safe workplace while also protecting its individual employees’ human rights? Erin Brandt considers this question in her latest case law update. Read Erin’s review of the recent Supreme Court of Canada decision in Stewart v. Elk Valley Coal Corp. here.

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Safety and Accommodation: Stewart v. Elk Valley Coal

by Erin Brandt. In a workplace human rights case decided earlier this year (Stewart v. Elk Valley Coal), the Supreme Court of Canada affirmed that an Alberta employer’s firing of an employee following an on-site accident and a positive drug test was not a discriminatory act. Apparently key to the SCC’s decision was the fact […]

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Mental vs. Physical Injuries: Canada’s Highest Court Clarifies

Should the courts treat mental and physical injuries differently when it comes to assessing damages? Find out in our latest case law update, a review of the recent Supreme Court of Canada decision in Saadati v. Moorehead, here.

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Saadati: Mental Health is Fundamental

By Richard Johnson. On June 2, 2017, the Supreme Court of Canada rendered its unanimous ruling in Saadati v. Moorhead, which drastically altered the manner in which Canadian courts assess damages for mental injuries suffered by a plaintiff. Background – History of the Case The context of the case was a car accident in New […]

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Note to Employers: The Duty of Good Faith Extends to More than Employment Contracts

Employment lawyers (and hopefully, their employer clients) are well familiar with the good faith concept in the employment context. In 2008, the Supreme Court of Canada confirmed that there is an implied term of good faith in all employment contracts governing the manner of termination. Specifically, when dismissing an employee, an employer should not engage […]

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