April 08, 2016 by Catherine Coulter in English, Human Rights, Ontario
  • Comments Off on Miscarriage is a Disability

Miscarriage is a Disability

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a “disability”.  The door was also left open for employees terminated due to miscarriage to claim discrimination ...

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January 20, 2016 by Catherine Coulter in Employment Standards, Human Rights, pay equity
  • Comments Off on Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Employers who undertake reductions in force due to financial difficulties should not count on employee notice periods being reduced as a result of the financial troubles.  This point was recently emphasized by the Ontario Court of Appeal in the decisi...

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January 04, 2016 by Jeff Mitchell in Human Rights
  • Comments Off on Don’t Let a Human Rights Application Get “Lost in the Mail”

Don’t Let a Human Rights Application Get “Lost in the Mail”

Until recently, the Human Rights Tribunal of Ontario (the “Tribunal”) would deliver a Human Rights Application to whomever the Applicant listed as the Employer’s contact person.  That person, possibly the Applicant’s supervisor or manager, was...

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November 17, 2015 by Dana Hooker in Human Rights
  • Comments Off on Patently Unreasonable: BC Supreme Court Rejects Human Rights Tribunal’s Landmark Injury to Dignity Award Which Emphasized Professional Status

Patently Unreasonable: BC Supreme Court Rejects Human Rights Tribunal’s Landmark Injury to Dignity Award Which Emphasized Professional Status

In 2013 the British Columbia Human Rights Tribunal found that the University of British Columbia had discriminated against Dr. Carl Kelly when it dismissed him from its Family Medicine Residency Program. Dr. Kelly was awarded damages, including, signif...

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October 23, 2015 by Chelsea Rasmussen in Human Rights
  • Comments Off on Sexist Comments in Blog Post by Union President not Discrimination “With Respect to Employment”

Sexist Comments in Blog Post by Union President not Discrimination “With Respect to Employment”

In Taylor-Baptiste v. Ontario Public Service Employees Union, the Ontario Court of Appeal was faced with the question of whether sexist and offensive posts on a blog created by a union member to discuss workplace issues amounted to discrimination “wi...

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September 01, 2015 by Jessie Lamont in Human Rights
  • Comments Off on Creed and Association: Breach of Human Rights Leads to Harsh Penalties

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of discrimination is made out. H.T....

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August 10, 2015 by Jessie Lamont in Human Rights
  • Comments Off on Transgender Employees: Best Practices

Transgender Employees: Best Practices

Transgender rights are a burgeoning area of law across Canada. Most recently, amendments made to the Alberta Bill of Rights on March 10, 2015, which came into force on June 1, 2015[1], recognize gender identity and gender expression as being explicitly...

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November 27, 2014 by Catherine Coulter in Human Rights
  • Comments Off on The OHRC’s Christmas Present – A New Statement on Sexual Harassment in the Workplace

The OHRC’s Christmas Present – A New Statement on Sexual Harassment in the Workplace

Ontario’s Human Rights Commission issued a statement on November 25, 2014 in relation to sexual harassment and the Ontario Human Rights Code. The statement reminds employers as to what constitutes sexual harassment as well as how to prevent it or...

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September 02, 2014 by Catherine Coulter in Human Rights
  • Comments Off on The Ontario Human Rights Tribunal – Is There an Appetite For Costs Awards?

The Ontario Human Rights Tribunal – Is There an Appetite For Costs Awards?

No client likes to have a human rights application brought against it before the Ontario Human Rights Tribunal.  And no client is happy to hear that even if it is successful and fully exonerated, there is no real scope for recovering legal costs incur...

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July 04, 2014 by Catherine Coulter in Human Rights
  • Comments Off on Ontario’s New Human Rights Policy

Ontario’s New Human Rights Policy

In mid-June, the Ontario Human Rights Commission released a new policy entitled “The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions” (the “Disability Policy”), which builds on the Commission’s prior Pol...

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