Duty to Accommodate: reasonableness, not perfection

In Adair v. Forensic Psychiatric Services Commission (No. 2), 2017 BCHRT 147, a decision of the B.C. Human Rights Tribunal (the “Tribunal”) in July of last year, the Tribunal made it clear that the employer’s duty to accommodate, does not extend to perfect...

Employer’s Duty to Inquire

McNish v. Electronics Boutique Canada and others, 2017 BCHRT 32 (“McNish”) a decision earlier this year by the BC Human Rights Tribunal on an application to dismiss, illustrates an employer’s duty to inquire about the need for accommodation, when it...

Cocaine addiction not a bar to dismissal

In its recently released decision of Stewart v. Elk Valley Coal Corp, 2017 SCC 30, the Supreme Court of Canada held that an employer had cause to dismiss Ian Stewart, a mine worker, who tested positive for cocaine. Background Information Elk Valley Coal Corp. operated...