Retail Trade
Court sets aside release signed by employee after employment terminated on basis it was unconscionable
Rubin v. Home Depot Canada Inc., 2012 ONSC 3053
A case summary by Landon Young & Jeremy Schwartz, at the firm of Stringer, can be found here: "Court Strikes Down Release Signed on Termination of Employment".
Court considers right to terminate disability benefits for failure to attend Independent Medical Exam
In Nayyar v. Manufacturers Life Insurance Company/La Compagnie D'Assurance Manufactures, 2012 BCSC 28, the BC Supreme Court considered the right of the employer/disability plan administrator/insurer to terminate an employee's disability benefits for failing to attend an Independent Medical Exam ("IME").
Of specific value is this overview of the law on IME's that the court set out:
[120] Given the continuing nature of a claim under a disability policy, an insurer is entitled to information concerning the insured in order to properly assess the claimant's ongoing entitlement to receive disability benefits: Paul Revere Life Insurance Company v. Patterson, 2002 BCSC 138 (CanLII), 2002 BCSC 138 at para. 12, 99 B.C.L.R. (3d) 189. read more »
BC Court of Appeal overturns award of $20,000 in bad faith compensatory damages
In a post on June 19, 2010 ("Failure to adequately follow-up after fire destroyed employee's home, attack on reputation, lead to $20,000 bad faith damages"), I summarized the BC Supreme Court's decision in Beggs v. Westport Foods Ltd., 2010 BCSC 833.
In that decision, the trial judge awarded the employee $20,000 in damages for the manner of dismissal, and the employer's conduct thereafter. read more »
