Summary of Stewart v Elk Valley Coal Corp, 2017 SCC 30; criticism of the court's treatment and limited analysis of drug addiction in legal reasoning.
Debriefs a case were the arbitrator found if there is a nexus between the disability (addiction) and the misconduct, the disability is a factor in the termination and the employer has a duty to accommodate the employee. Discusses case where it was held that the employer had a duty to inquire in respect to the employees change in behaviour.
Discusses the rare circumstances when Charter remedies are available at the Human Rights Tribunal of Ontario.
Article discusses the high threshold for exemptions to filing an application beyond the limitation period and some recent exceptions to the high threshold.
The article reviews the law around physical standards constituting a Bona Fide Occupational Requirement.