Skip to Content

Health Care

"Vicarious Liability in Sexual Assault"

Jurisdiction: - Ontario
Sector: - Health Care

James C. Morton, at Steinberg Morton Frymer LLP, has written a paper on, "Vicarious Liability in Sexual Assault" (undated).

The paper discusses an employer's liability where an employee commits a sexual assault. In particular, it addresses the decision in Weingerl v. Seo, 2003 CanLII 13285 (ON S.C.), appeal allowed in part 2005 CanLII 21356 (ON C.A.).

"Drug and Alcohol Addiction: Last Chance Agreements"

Jurisdiction: - British Columbia
Sector: - Health Care

Vancouver lawyer Carmen J. Overholt, Q.C. has prepared a paper entitled "Drug and Alcohol Addiction: Last Chance Agreements".

The paper focuses on the BC Court of Appeal's decision in Health Employers Assn. of B.C. (Kootenay Boundary Regional Hospital) v. B.C. Nurses' Union, 2006 BCCA 57 (the Bergen decision).

Arbitrator upholds Attendance Management Program that gives management discretion when to act

Jurisdiction: - New Brunswick
Sector: - Health Care

Canadian Union of Public Employees, Local 908 v. River Valley Health (Policy Grievance) [2006] N.B.L.A.A. No. 2 (QL) (Bladon)

Human Rights Tribunal sets out key factors when determining if person in "employment relationship" for purposes of Code

Jurisdiction: - British Columbia
Sector: - Health Care

In Crane v. B.C. (Ministry of Health Services) and others, 2005 BCHRT 361, the BC Human Rights Tribunal summarized the applicable principles as follows when determining if a person is in employment relationship such that they are protected by the Human Rights Code:  read more »

Deductions From An Employee's Pay Cheque

Jurisdiction: - British Columbia
Sector: - Health Care

Published in Lawson Lundell LPP Labour and Employment Newsletter (Summer 2005)

The BC Court of Appeal recently confirmed that, pursuant to the BC Employment Standards Act, an employer is prohibited from making unilateral withholdings/deductions from an employee's pay cheque for any purpose, including to recoup a previous overpayment of wages to the employee.

An employer is, however, permitted to make withholdings/deductions from an employee's pay cheque in certain circumstances, including to recover an overpayment of wages, where: (1) the employee consents to the specific withholding/deduction; or (2) a statute or a collective agreement expressly authorizes the employer's action.

If the employer does not have consent or authorization by way of a statute or a collective agreement, it must recover overpayments (or other monies owed) by pursuing a grievance (in a unionized workplace) or bringing a claim in court (in a non unionized workplace).  read more »

"Severance Pay and Valuing Disabled Employees Past Contributions and Investments: O.N.A. v. Mount Sinai Hospital"

Jurisdiction: - Ontario
Sector: - Health Care

Elizabeth J. McIntyre and Archana Mathew from Toronto law firm Cavaluzzo Hayes Shilton McIntyre & Cornish LLP have prepared a paper entitled, "Severance Pay and Valuing Disabled Employees Past Contributions and Investments: O.N.A. v. Mount Sinai Hospital" (June 2005).

The paper summarizes the Ontario Court of Appeal's decision in Ontario Nurses' Association v. Mount Sinai Hospital, 2005 CanLII 14437 (ON C.A.), in which the court  ruled that the denial of severance pay under the Ontario Employment Standards Act to disabled employees/employees whose employment contract was frustrated was discriminatory and unconstitutional.