Case snapshot
At a glance
- Case
- Fired After a Second Drug Test? What Ontario Truckers Need to Know
- Court / Tribunal
- Ontario Superior Court of Justice
- Citation
- 2026 ONSC 3729 ↗
- Date
- June 25, 2026
- Area of law
- Employment Law
- Key issue
- Whether termination for cause was justified after a commercial truck driver tested positive for drugs a second time under a clearly communicated workplace safety policy, and whether related overtime and human rights claims succeeded.
- Outcome
- The wrongful dismissal claim was dismissed, the court finding cause for termination; overtime claims were also dismissed due to limitation period bars and insufficient proof; no aggravated or punitive damages were awarded.
- Why it matters
- This decision clarifies that Ontario courts will uphold termination for cause in safety-sensitive industries when a drug and alcohol policy is clearly communicated and consistently enforced, and that overtime claims must be brought within two years of discovery.
Legal principle
The rule from this case
When an employer operates in a safety-sensitive environment — such as long-haul trucking — and has a clearly communicated drug and alcohol policy, a second positive drug test can justify termination for cause without notice or severance. The key factors are whether the employee genuinely understood the policy and whether the employer applied it consistently. If both conditions are met, courts are unlikely to find the dismissal wrongful. On the human rights side, an employer is only required to accommodate a disability if one actually exists or is reasonably perceived to exist. Where the evidence does not establish that the employee had a substance-use disability or that the employer treated them as though they did, the duty to accommodate under Ontario's Human Rights Code does not arise. Termination in those circumstances is not discriminatory.
Important limits
What this does not mean
This decision does not mean that every positive drug test automatically justifies dismissal. A first offence in a safety-sensitive role, an unclear or inconsistently applied policy, or credible evidence of a substance-use disability requiring accommodation could all lead to a different result. Context matters enormously, and employees facing discipline should get legal advice before assuming the employer's position is correct. The ruling also does not change the general rule that most employees are entitled to reasonable notice on termination. The court separately assessed what notice would have been appropriate had the dismissal been wrongful — four months — confirming that the cause finding was the decisive factor here, not a blanket rule that truckers have reduced rights. Overtime claims were dismissed on their own facts, not because truck drivers have no overtime entitlements under the Canada Labour Code.
Can You Be Fired for Cause After a Second Positive Drug Test in Ontario?
Yes — if you work in a safety-sensitive role and your employer has a clearly communicated, consistently enforced drug and alcohol policy, a second positive test can justify termination for cause. That is the core finding in McCarthy v. Bison Transport Inc., 2026 ONSC 3729 (CanLII), a June 2026 decision from the Ontario Superior Court of Justice.
The case involved a commercial truck driver who was dismissed after testing positive for drugs a second time. The driver brought claims for wrongful dismissal, human rights violations, and unpaid overtime. All three claims failed. Here is what the decision means for workers and employers in Ontario’s transportation sector.
What Makes a Drug and Alcohol Policy Enforceable in Ontario?
A workplace drug and alcohol policy is enforceable when employees are aware of it and the employer applies it consistently. The court in this case found that both conditions were satisfied. The policy had been communicated to the driver, and the employer had not selectively enforced it against some employees while ignoring violations by others.
This matters because courts scrutinize workplace policies carefully before allowing an employer to rely on them to justify cause. A policy buried in an employee handbook that was never explained, or one that management routinely ignored, would not carry the same weight. Employers in safety-sensitive industries should document policy acknowledgements and apply rules uniformly.
Does a Drug Test Result Trigger Human Rights Protections for Addiction?
Not automatically. The Human Rights Code protects employees who have a disability — including a substance-use disorder — or who are perceived by their employer to have one. But the protection only applies if the disability actually exists or is reasonably perceived to exist.
In this case, the court found no evidence that the driver had a substance-use disability, and no evidence that the employer treated the driver as though they did. Without that foundation, the duty to accommodate never arose. The dismissal was not discriminatory. Employees who do have a diagnosed addiction or dependency should raise that with their employer and seek legal advice promptly — the analysis changes significantly when a genuine disability is in the picture.
What Reasonable Notice Would the Driver Have Received If the Dismissal Were Wrongful?
Four months. Even though the wrongful dismissal claim failed, the court assessed what notice would have been appropriate if the termination had been found to be without cause. That figure reflects the driver’s length of service, age, position, and prospects for finding comparable work.
This is a useful data point for truck drivers and other transportation workers negotiating severance or evaluating an employer’s offer. Four months is not a ceiling — it is a fact-specific assessment for this particular employee. Our Ontario employment lawyers can help you understand what notice period applies to your own situation.
Are Overtime Claims Under the Canada Labour Code Limited by a Two-Year Deadline?
Yes — in Ontario Superior Court proceedings, the two-year limitation period in the Limitations Act, 2002 applies to overtime claims, and the clock starts running when the employee discovered (or ought to have discovered) the claim. The court found that the driver had access to pay stubs and electronic logging records, which meant discovery occurred at the time those documents were received.
Claims for overtime worked more than two years before the lawsuit was issued were statute-barred. The court also rejected the argument that federal legislation extended the limitation period in this context. If you believe you are owed overtime, do not wait — the two-year window can close faster than employees expect.
How Must an Employee Prove Overtime Hours Under the Canada Labour Code?
An employee must provide reliable evidence of the hours actually worked and show that the overtime calculation method is consistent with the statutory requirement of 1.5 times the regular hourly rate. In this case, the driver’s approach used a “blended” mileage rate that did not align with that formula. The court also identified arithmetic errors and methodological problems that undermined the claim.
Electronic logging devices (ELDs) only retain data for six months, which creates a practical challenge for drivers trying to reconstruct older records. Keeping your own contemporaneous records — notes, screenshots, paper logs — is essential if you ever need to pursue an overtime claim.
Practical Takeaways for Transportation Workers and Employees in Safety-Sensitive Roles
- Know your employer’s drug and alcohol policy. If you have not been given a copy or had it explained to you, ask — and document that you asked.
- Raise a disability early. If you are struggling with substance use and believe it qualifies as a disability, tell your employer and request accommodation before a second disciplinary event, not after.
- Track your hours independently. ELD data disappears after six months. Keep your own records of shifts, mileage, and rest periods in case you need to prove overtime later.
- Act quickly on overtime claims. The two-year limitation period runs from when you received pay stubs or logs showing the underpayment — not from when you consulted a lawyer.
- Get a severance assessment before signing anything. Even if your employer claims cause, that position may not hold up. Have an employment lawyer review your situation before accepting or releasing any claims.
If you work in the Hamilton or Burlington area and have questions about a termination or unpaid wages, our Hamilton employment law team and Burlington employment lawyers are available to help.
UL Lawyers offers a free initial consultation from our Burlington office and serves clients across Ontario. If you have been dismissed from a safety-sensitive job or believe you are owed overtime, reach out to our Ontario employment law team to discuss your options.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
Yes, if the employer has a clearly communicated and consistently enforced drug and alcohol policy — especially in a safety-sensitive workplace like trucking. A second positive test is more likely to justify termination for cause than a first offence, but the specific facts always matter.
Yes, a substance-use disorder can qualify as a disability under the Human Rights Code, which means an employer may have a duty to accommodate before terminating. However, the employee must establish that the disability exists or that the employer perceived it to exist — a positive drug test alone does not automatically trigger accommodation rights.
Generally two years from the date the employee discovered — or should have discovered — the unpaid overtime. Receiving a pay stub or log showing the underpayment typically starts the clock, so employees should not delay in seeking legal advice if they suspect they are owed wages.