The last minute addiction defence...when is it too late?

By Fasken Martineau
It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct which may be related to their substance abuse. The employee then tries to trigger  human rights protections due to their “disability”. A recent Alberta court decision, Bish v. Elk Valley Coal Corporation 2013 ABQB 756 (PDF) provides a good example of when such a claim may simply be too little, too late.
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