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personal liability

Can a corporate director face a personal injury suit for a workplace accident? Alberta Court of Appeal says yes!

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system. However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors.

 

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Alberta Court of Appeal confirms that directors may be held personally liable for injuries sustained in a workplace incident

The Alberta Court of Appeal recently revisited the question of directors’ personal liability for injuries sustained in a workplace incident.

 

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Personal liability in wrongful dismissal actions

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

 

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Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

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