March 27, 2018 – Medical Use of Marijuana Triggers Duty to Accommodate Ramp Employee

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Airport Terminal Services Canadian Company v Unifor, Local 2002, 2018 CanLII 14518

Grievance – Termination – Ramp agent tested positive for marijuana after incident – Grievor refused specific conditions offered for continued employment under the Corporate Drug and Alcohol Policy – Employee’s marijuana use was medical, not recreational – No evidence of impairment – Post-incident drug testing was found to be reasonable despite flawed process – Employer knowledge of medical use of marijuana by employee triggered duty to accommodate – Grievor reinstated



  • Appeal – Bankruptcy – Syndic d’Aviation Flycie inc., 2018 QCCA 423
    original decision: Syndic d’Aviation Flycie inc., 2017 QCCS 2546
    Appeal of decision regarding ownership of amount deposited with Receiver General of Canada in wage dispute – Precedence of bankruptcy legislation – Allowed, Receiver General of Canada to remit contested amount to trustee in bankruptcy
  • Motion to strike – Settlement privilege – Hearsay – Thibodeau v. Halifax International Airport Authority, 2018 FC 223
    Applicant seeking statement that Airport did not meet its obligations under the Official Languages Act, order that the Airport provide services in both official languages and $1,500 damages – Airport sought motion to strike sections of Applicant’s affidavit – Dismissed, self-represented applicant awarded costs including some preparation time
  • Small Claims – Lemou c. United Airlines, 2018 QCCQ 1355
    Applicant claimed $14,500 – Respondent did not appear at the hearing – Applicant showed damages in the amount of $1,000 – Allowed, Applicant entitled to $1,000
  • Small Claims – Pet travel – Lapointe c. Delta Airlines, 2017 QCCQ 9585
    Applicant claimed $2,300 travel costs plus damages following change in airline policy preventing his pet to travel with him – Applicant not informed of change in policy despite confirming pet travel – Allowed, Applicant awarded $1,750 travel costs and damages
  • Workers’ Compensation – 2018-0118 (Re), 2018 CanLII 14785
    Appeal of denial of occupational noise induced hearing loss claim – Medical evidence supports that hearing loss was at least in part due to occupational noise exposure – Allowed
  • Scheduling – The Commissioner of Competition v Vancouver Airport Authority, 2018 CACT 5
    Amendments to scheduling order



  • Scope of bargaining unit – Victoria Airport AuthorityOrder No.: 11235-U
    PSAC – Amendments to the exclusion list



  • Application – Air Carriage, Inc.Order No. 2018-A-40
    Exemption from subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Lid Brokerage and Realty Co. (1977) Ltd.Order No. 2018-A-44
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – 9736140 Canada Inc. carrying on business as Pascan, on behalf of itself and Chrono Jet inc.Determination No. A-2018-54
    Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Bluelink Jets ABOrder No. 2018-A-43
    Exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Whapchiwem Helicopters LimitedDetermination No. A-2018-53
    Cancellation of Licence No. 980086
  • Suspension – Orca Airways Ltd. – Order No. 2018-A-41
    Licence Nos. 050087 and 080002
  • Suspension – Eastern Air Services Inc.Order No. 2018-A-42
    Licence Nos. 030079 and 030080 – Reinstated March 22, 2018