Mental Disability: When Has an Employer Accommodated to the Point of Undue Hardship? The dividing line between a genuine accommodation process and a premature termination The central lesson is simple:…
Defining Mental Disability The relevant statutes define mental disability in very broad terms. In addition to the statute, each jurisdiction also provides its own interpretation of the test in its…
Finding Liability in Mental Disability Human Rights Cases: The Evidentiary Theories and Real-Life Illustrations The central point The cases reject a diagnosis-only approach. A mental disability may be established…
Two Medical Residents, Mental Disability and the Continuing Duty to Accommodate Accommodation, on a broad scale is reviewed here. The decisions in University of British Columbia v Kelly, 2016…
Mentally Disabled Employee: Negligence Claim vs the Employer for Lost Disability Benefits The second civil remedy is a claim against the employer for negligent administration of the benefit plan.…
Mental Disability, Relapse and Undue Hardship: The Accommodation Analysis in Haghir v University Appeal Board An employer does not satisfy the duty to accommodate merely by creating an accommodation…
Mentally Disabled Employee: Disability Insurance vs the Employer A resignation will ordinarily bring the employment relationship to an end. However, that said, it may not necessarily extinguish disability insurance…
Addiction as a Mental Disability Misconduct, Causation and the Duty to Accommodate Addiction to alcohol or drugs may constitute a mental disability protected by human rights legislation. That proposition, however,…
A Tangled Web : The Mentally Disabled Employee A mental disability does not mean that such a person cannot perform admirably in the workplace. Often that indeed is the case.…
RBC’s Unfair Investigation Leads to Multi-Million Dollar Wrongful Dismissal Award Introduction In Silva v. Royal Bank of Canada, 2026 ONSC 3841, the Ontario Superior Court found that RBC had wrongfully…