Articles about ‘Case summary’

Stewart v Elk Valley Coal Corp. Summary: SCC Reaffirms Test for Discrimination but Gives a Narrow Understanding of Addiction

  • June 27, 2017
  • BakerLaw
  • Comments Off on Stewart v Elk Valley Coal Corp. Summary: SCC Reaffirms Test for Discrimination but Gives a Narrow Understanding of Addiction

On June 15, 2017, the Supreme Court of Canada handed down its decision in the case of Stewart v Elk Valley Coal Corp., 2017 SCC 30.  The majority judgment affirmed the current framework for determining whether discrimination has occurred. However, bakerlaw is concerned that the majority decision could have a chilling effect on individuals suffering from an addiction, as the Court’s ruling hinged on a very narrow understanding of addiction, which impacted its decision on whether in this case, drug dependence was a factor in the termination of employment. » Read the rest

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