Skopitz vs. Intercorp Foods

 Marla Skopitz was fired when she was on disability. She had expressed the desire to return to work on a gradual basis in that her doctors had recommended a slow return to work process to allow for the adjustment to her normal routine.

 The company refused to do so and terminated her employment.

 This case is significant in that it was the first time an Ontario court allowed an extension of the common law notice period, based on a violation of the Human Rights Code, in this case, a refusal to accommodate the disability.

 Also the decision allowed the plaintiff to recover her common law severance entitlement and disability insurance, based on the fact that she paid the disability premiums.