Commentary

Carbert Waite LLP is committed to connecting with the public and sharing our knowledge as we stay abreast of developing law in our areas of practice.

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Kevin Stenner

The Supreme Court of Newfoundland and Labrador recently upheld an arbitrator’s decision which found that the duty of an employer to accommodate an employee’s medical marijuana use does not require the employer to tolerate an unacceptable increased safety risk resulting from the...

In February 2018, Canadian Family Physician, a peer-reviewed medical journal and the official publication of the College of Family Physicians of Canada (CFPC) issued new simplified guidelines for when primary care physicians should grant a licence for medical marijuana....

Dylan Snowdon Assessing fitness to work is important in all workplaces, not just safety sensitive workplaces. Assessing fitness for work is also about more than testing employees for intoxication. ...

Joseph Oppenheim

In most civil cases, the outcome is not entirely predictable. Generally speaking, there are three narratives to every case: (1) the plaintiff’s narrative; (2) the defendant’s narrative; and most importantly (3) the trial judge’s narrative, formed on review of all the admitted evidence....

Justine Johnson

You were just laid off. You are shocked and overwhelmed. You know you have rights and you are unsure if you were treated fairly by your former employer but you do not know what to do next

...

Michael Waite & Sarah Barker

At the request of Ontario’s Ministry of Health and Long Term Care, the Honourable Stephen Goudge, Q.C. (“Mr. Goudge”), former Justice of the Ontario Court of Appeal, conducted a review of the Ontario civil justice system as it relates...

Melissa Rico & Eleanor A. Carlson

Agreeing to take on the role of personal representative (aka an executor) of an estate can be a big decision and in many circumstances, one that should not be taken lightly. This is particularly so as a personal...

Alberta employers considering random drug and alcohol testing in unionized and safety sensitive environments have been waiting for the Alberta Court of Appeal’s (“ABCA”) decision in Suncor Energy Inc. v Unifor Local 707A (“Suncor”). ...

On January 1, 2018, major changes to Alberta’s Employment Standards Code will come into force.  Employers should be aware of the changes and examine policies and payroll practices to determine what updates are required....

For drivers: Things to do if you are involved in a motor vehicle accident First Steps Stay safe. Don’t rush. Stay in your vehicle. Take a breath. Take as long as you need to take stock of what has happened and note your surroundings. Are you hurt?...

Dylan Snowdon

When your employment is terminated, and you are considering whether or not to accept a payment being offered in lieu of notice, there are some key elements you should think about.

First, you should review your written employment contact or offer letter if you...

Lauren A. Barteluk

Your employer has laid off many of your colleagues; but not you. Instead, your employer informs you that it is cutting your pay, increasing your hours, or changing your job duties. What options do you have? 

As an employer, finances are tight. Can...

The Globe and Mail recently published a news article concerning a May 17th, 2016 ruling by the Alberta Court of Appeal regarding assisted death. The Court reportedly ruled against the Attorney General of Canada, who was advocating for a restrictive interpretation of the Supreme...

Brynna Hambly In its landmark decision issued in February 2015, the Supreme Court of Canada struck the Criminal Code provisions that make physician-assisted suicide (“PAD”) illegal. It suspended the effect of its ruling for twelve months. This decision essentially reversed its earlier decision in Rodriguez...

Matthew Tomm

With Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada ushered in a new paradigm for the law of summary judgment. The case holds that summary judgment rules must be interpreted to promote timely and affordable access to civil justice. The...

Joseph Oppenheim

The importance of human rights legislation in employment of disabled people

Common law rights of employers are restricted by human rights legislation. The Alberta Human Rights Act prohibits certain discriminatory employment practices that are otherwise permitted under the general laws of contract. Because disabled persons...

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