Yours to Discover: 10 Tips for Navigating the Documentary Discovery Process

In this issue of Raising the Bar, we share 10 tips and best practices to guide employers embarking upon their next trip through the document discovery process in a manner that is not only compliant with their legal obligations, but also controlled, strategic and cost-effective.

Appellate Court Considers “Appropriate Means” Test Under Limitations Act and Reliance on “Non-Traditional” Expertise

In Presley v. Van Dusen, the Ontario Court of Appeal provided guidance on the statutory limitation period and the reliance on “non-traditional” experts. Background The appellant homeowners retained Van Dusen to install a septic system in 2010. There were problems with the operation of the system. The appellants called Van Dusen and he appeared to…

Accommodating Medical Marijuana

Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.

Appellate Court Considers Cannabis Impairment and Accommodation Issues

In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…

Federal Government Tables 2019 Budget Bill

On April 8, 2019, the federal government introduced Bill C-97, Budget Implementation Act, 2019, No. 1, for first reading. Bill C-97 is omnibus legislation enacting certain measures outlined in the 2019 Federal Budget. Below are some of the key amendments of interest to employers, pension plan administrators and human resources professionals.