Accommodation, medical evidence, return to work and the duty to inquire.
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Time Limits: Waiver & Estoppel] Employment Disability Insurance: Time Limits: Waiver & Estoppel Justice Dillon noted that a waiver under the Insurance Act in B.C. must be in writing and signed by
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: The Elimination Period] Employment Disability Insurance: The Elimination Period The general thematic test of the disability claim is continual disability, not for just the qualifying period but for the entirety
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: The Elimination Period] Employment Disability Insurance: The Elimination Period The third issue to be examined is the extent of the elimination period. To be successful in the claim, the insured
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Test of Disability] Employment Disability Insurance: Test of Disability Presuming that the first test of “active employment” has been met, the insured party must then show they have met the
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Common Law: Frustration: Medical Issues: Duty to Accommodate] Common Law: Frustration: Medical Issues: Duty to Accommodate The issue of accommodation is, of course, a fundamental principle of human
A recent decision of the Alberta Court of Justice has considered the question of whether (1) the employer’s covid mandatory vaccination policy was reasonable and further (2) whether the company’s decision to place a recalcitrant employee on an unpaid leave
An Ontario arbitral decision found in favour of an employee who had been placed on a leave of absence and subsequently discharged due to her refusal to be vaccinated based upon her religious beliefs. Generally speaking, an employee should be
Statutes Contrary to Charter Protections Provincial statutes offering workers’ compensation benefits showing differing entitlements based on mental as opposed to physical disabilities have been found to be in violation of the Charter of Rights and Freedoms. The Ontario Disability
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Common Law: Disability: Frustration: Medical Issues: When to Assess Medical Status] Common Law: Disability: Frustration: Medical Issues: When to Assess Medical Status Differing Views There is controversy in
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Disability: Protected Statutory Leaves] Disability: Protected Statutory Leaves Apart from obvious human rights protections, each jurisdiction offers various forms of medical leave and a remedy of reinstatement for
