School Board Update

School’s (Almost) Out! Our Final School Board Update for the 2018-2019 School Year

As another academic year draws to a close and we are finally getting a glimpse of summer, we bring you our last School Board Update of the Spring term. In it, we discuss two arbitration awards

Case In Point

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…

Case In Point

Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered

In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…

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.

Case In Point

Arbitrator Orders Production of Sensitive Medical Documentation Further to Accommodation Request

In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…