January 9, 2015

First Reference Talks with a good primer on the current state of the law in Canada concerning whether obesity is a recognized disability:

Howard Levitt in the Financial Post with some solid, basic advice on how to properly overhaul HR policies and contracts. The bit about implementing new or amended employment agreements is something that catches a lot of employers:

In this somewhat recent decision of the Alberta Court of Appeal, the court rules that requesting and supplying mitigation information is not a “thing that materially advances an action” and dismisses the plaintiff’s wrongful dismissal action under the 3-year Drop Dead Rule:

I conclude that although the mitigation information the County had requested was relevant to negotiations, in fact no negotiations ever occurred as a result of that information. The Plaintiff was clearly under an obligation to provide the Defendant with mitigation information, in any event, and even if it had been provided within the three year period it still would not in and of itself have been something that significantly advanced the action. In this case, Ms. McKee only provided some mitigation information on October 31, 2013 after the three year period had passed, and on the eve of the drop dead application. The information Ms. McKee provided clearly did not lead to any settlement negotiations or settlement offer. Accordingly the case authorities submitted by counsel for Ms. McKee that state that settlement discussions and mitigation information being gathered which later narrowed the issue for settlement discussions may constitute a thing that materially advanced an action, are not applicable here since no settlement negotiations or settlement offers ever occurred, and the information was provided after the three years had expired.

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