Canada's Courts and Disability Employment: A Shifting Landscape

Recent court decisions in Canada have significant implications for employers when handling dismissals, medical assessments, and disability support. The Ontario Superior Court ordered Royal Bank of Canada to pay nearly $2 million to a financial planner dismissed for cause.

The court found the bank's internal investigation was flawed and that no valid cause existed for the dismissal. The plaintiff's annual earnings fell from $235,000 to $69,000 in subsequent employment.

In another case, the Ontario Licence Appeal Tribunal imposed a 50% penalty on Wawanesa Insurance for demanding unjustified psychiatric examinations. This decision reinforces limits on insurers requesting medical assessments without genuine need.

Alberta has introduced the Alberta Disability Assistance Program (ADAP) to provide disability employment services. However, critics have raised concerns about potential benefit reductions and lack of stakeholder consultation during the program's development.