Canada’s small labour force

Michelle Black, Stewart McKelvey

According to a blog post written by Stewart McKelvey associate, Michelle Black, when Canada has a small labour and employment context, the Nova Scotia Court of Appeal has held that a party can look outside of Canada for a referential comparator group. In Bishop v. Nova Scotia (Workers’ Compensation Appeals Tribunal), 2012 NSCA, the Court held that the WCAT acted reasonably when it looked to conditions of employees in coal mines in Canada, as well as the United States, Europe, and other parts of the world (excluding developing countries) to determine if a Canadian employee had experienced unusual and excessive work stressors. See “Canadian Comparator Group Too Minor.”

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