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October 09, 2006

Can a Wrongful Dismissal be an "Accident" for Workers' Comp Purposes?

That's the question that the Nova Scotia Court of Appeal considered in Logan v. Nova Scotia (Workers’ Compensation Board). After conducting a really first rate review of the arguments and legislative history, the Court held that the Worker's Compensation Appeals Tribunal was correct to hold that a wrongful dismissal is not an accident for workers’ compensation purposes.

I came across this case while researching a paper that I'm writing for the upcoming Canadian Bar AssociationNational Administrative Law/Labour and Employment Law CLE Conference.  I'm speaking on "damages" and have read some really interesting recent cases.  There is allot of consistency between the provinces, but this has really provided me with an opportunity to survey the cases and get a good feel on the trends in the law of damages in employment cases.

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