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Archives for February 2016

By McCarthy Tétrault LLP | 3 Minutes Read February 29, 2016

It’s in our DNA: Bill S-201 and genetic discrimination

When dealing with requests for accommodation, employee absenteeism and other medical circumstances, employers are routinely faced with the challenge of balancing employee privacy interests against the operational interests of the business when determining how much medical information and what kind of medical information employers can request. The analysis typically centres on the issue of what is reasonable in the circumstances, with diagnostic information being considered to be a clear delineation point as to what employers may request and not request. At the Canadian Senate in January, the question of the protection personal health information took on a new angle, centering around an individual’s right to privacy in respect of their personal genetic information.

Article by McCarthy Tétrault LLP / Employee Relations, Human Rights, Privacy, Union Relations / balancing employee privacy interests, Bill S 201 An Act to prohibit and prevent genetic discrimination, bona fide occupational requirement, Canadian Coalition for Genetic Fairness, disclosure of genetic testing results, DNA, duty to accommodate, Genetic discrimination, genetic testing, Genome project, medical information, personal genetic information, protection of personal health information

By Occasional Contributors | 2 Minutes Read February 29, 2016

Know your exposure: Joint and several liability explained

The legal concept of “joint and several liability” confuses many people. As the name suggests, where “joint and several liability” applies, liability is both...

Article by Occasional Contributors / Business, Finance and Accounting, Payroll / Civil wrong, Commercial law, corporate law, General Torts, joint and several liability, liable for damages, liable for the actions of others, Negligence Act, Partnerships, Principal and Agent” Relationships, responsibility for compensation on a fractional basis, vicarious liability, wrongful act

By Occasional Contributors | 2 Minutes Read February 26, 2016

Health Canada is cracking the whip on advertising violations

On January 21, 2016, various hospitals, natural health product manufacturers, physicians and pharmaceutical companies found themselves specifically named by Health Canada in a published list of health product advertising complaints. Health Canada provided details of over 152 advertising infractions investigated between October, 2014 and September, 2015.

Article by Occasional Contributors / Business / Advertising of unauthorized claims, Advertising of unauthorized products, advertising violations, Direct-to-consumer advertising of prescription products, Health Canada, internal advertising committee, marketing group, off-label marketing

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