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Benefits

Medical marijuana grower, Aurora Cannabis, will fund employee's legal case for insurance coverage

Topics: - Benefits
Jurisdiction: - Nova Scotia
Sector: - Health Care

On February 2, 2017 I posted that a Nova Scotia human rights board had ruled that an employee's medical marijuana must be covered by a workplace insurance plan. You can find the post and the human rights board's decision here.

It has now been announced that a licensed medical marijuana grower, Aurora Cannabis Inc., has committed to supporting the employee, Gordon "Wayne" Skinner, financially and with other resources in relation to an "appeal" to the Nova Scotia Court of Appeal that will be heard on October 2, 2017.

The announcement was made in a news release by the Canadians for Fair Access to Medical Marijuana (CFAMM).  CFAMM states that it is a non-profit patient advocacy organization founded in 2014 and that is dedicated to protecting and improving the rights of medical cannabis patients. CFAMM says it has been providing "strategic support" to Mr. Skinner in the case.  read more »

Discriminatory to deny parental benefits to birth mothers because they received pregnancy benefits

Jurisdiction: - British Columbia
Sector: - Education

In a rare oral judgment that was issued on November 12, 2014 - British Columbia Teachers' Federation v. British Columbia Public School Employers' Association, 2014 SCC 70 - the Supreme Court of Canada overturned a decision by the BC Court of Appeal and restored the decision of a labour arbitrator concerning top-up benefits provided to teachers who are new parents.

The labour arbitrator, John B. Hall, had ruled that it was discriminatory - under section 15 of the Charter of Rights and Freedoms and section 13 of the BC Human Rights Code -  to provide the same amount of top-up benefits to birth mothers as birth fathers and adoptive parents.

Specifically, Arbitrator Hall had ruled:  read more »

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.  read more »

Court considers right to terminate disability benefits for failure to attend Independent Medical Exam

Jurisdiction: - British Columbia
Sector: - Retail Trade

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 »