Dr. Bruun-Meyer

Employee wrongful dismissal action arising from post-disability return-to-work restructuring, disciplinary measures, and subsequent long-term disability leave.

The court found the employee was constructively dismissed when the employer unilaterally demoted him, altered his reporting structure, removed supervisory and budgetary responsibilities, and reduced his role to a more clerical function.

Applying the Bardal factors, the court awarded 18 months' notice, less ESA minimums already paid, and rejected claims for moral damages, intentional infliction of mental suffering, and punitive damages.

The court also rejected the employer's frustration and proportional reduction defences, and held the constructive dismissal claim was not statute-barred.

The applicant sought statutory accident benefits for medical treatment following a motor vehicle accident.

The insurer denied the claims, arguing the treatment plan was submitted late and the treatment was not reasonable and necessary.

The arbitrator found that the applicant was precluded from arbitrating the treatment plan because it was submitted beyond the 30-day limit.

In the alternative, the arbitrator relied on insurer examinations and a DAC assessment to conclude the treatment was not reasonable and necessary.

The application was dismissed.