"Wrongful Termination Claims in the Supreme Court of Canada: Coming Up Short" 34:1 Dalhousie Law J

The author criticises the SCC finding that the manner the employee was terminated, in which the employer chose to stop accommodating the employee’s disability, did not constitute discrimination, despite the lower courts finding of bad faith. The SCC affirms that a breach of the human rights code can not constitute an independent actionable cause of action. The Court restricts the use of bad faith damages in a wrongful dismissal cases. The author is critical that the court found no breach of human rights and that a breach of human rights should be considered at the damages stage as giving rise to bad faith damages.