Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses labour relations.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Arland Bruce was a football player for the BC Lions and the Montreal Alouettes. Unfortunately, over the course of his career playing football, he sustained a number of concussions which ultimately left him unable to work. Mr. Bruce sued the BC Lions and the CFL arguing that they had breached their duty to him as an employer to protect him and warn him about the dangers of playing football and the associated concussions. The court dismissed Mr. Bruce’s claim and struck his claim from the court entirely. The court told him that he would have to go through an internal grievance and arbitration process with the CFL.
This issue is more important than just a simple arbitration dispute. This has to do with a more significant issue to Canadians which is how much your employer has to warn you about the dangers of doing your job.
The Supreme Court of Canada could have allowed Mr. Bruce’s claim to proceed and they could have gotten in on a very important issue that effects people worldwide. They had the opportunity to create good precedent that could be used not just in Canada, but throughout the world.
Watch the video for more.
See more: