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ARTICLE · 23 JANUARY 2026

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Exercising Precaution In Applying The Precautionary Principle: The BCCA Sets Aside Arbitration Award On COVID-19 Vaccination Policy

On September 15, 2021, amid the height of the COVID-19 pandemic, Purolator Canada Inc ("Employer") introduced a mandatory vaccination policy known as the COVID-19 Safer Work Policy (the "SWP")...

CanadaCoronavirus (COVID-19)

Tom Roper, K.C. and Jaime Hoopes of Roper Greyell LLP successfully represented the appellant in the recent decision Purolator Canada Inc v Canada Council of Teamsters, 2026 BCCA 3, where a unanimous Court of Appeal set aside an arbitrator's conclusion that Purolator's mandatory COVID-19 vaccination policy was unreasonable.

In reversing the B.C. Supreme Court's decision upholding the arbitrator's award, the Court reaffirmed that employer policy decisions must only be reasonable, not correct, in times of scientific uncertainty.

Background

On September 15, 2021, amid the height of the COVID-19 pandemic, Purolator Canada Inc ("Employer") introduced a mandatory vaccination policy known as the COVID-19 Safer Work Policy (the "SWP"), which remained in effect from January 1, 2022 to May 1, 2023.

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