Nova Scotia Court of Appeal Finds Benefit Plan Can Exclude Medical Marijuana

The Nova Scotia Court of Appeal recently confirmed that an administrator of a benefit plan may choose what specific drugs and medications will be covered by a plan, and in particular, held that the exclusion of medical marijuana is not discriminatory under human rights legislation. In Canadian Elevator Industry Welfare Trust Fund v. Skinner, an…

2018 Ottawa Client Conference / Conférence pour clients 2018

Register Cost: Complimentary   Lead with Knowledge Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals. Recent examples of such changes are in the areas of the Employment…

Employees on LTD Not Automatically Entitled to Continued Employment for Purposes of Maintaining Group Benefits Coverage

In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…

Common Law Notice – Can Employers Deduct STD and LTD Payments?

As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…