May 23, 2014 by Dana Hooker in British Columbia, English, Human Rights
  • Comments Off on Your Partners Are Not Your Employees: Supreme Court of Canada Clarifies the Application of the Control/Dependency Test

Your Partners Are Not Your Employees: Supreme Court of Canada Clarifies the Application of the Control/Dependency Test

In 2009, John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP (the “Firm”) filed a complaint with the British Columbia Human Rights Tribunal, alleging the Firm’s requirement that equity partners retire from the partners...

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May 07, 2014 by Catherine Coulter in English, Human Rights, National
  • Comments Off on Discrimination due to Family Status – The Final Word?

Discrimination due to Family Status – The Final Word?

In a just-released decision, the Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal responsibility for a chi...

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April 17, 2014 by Andy Pushalik in English, Human Rights, Ontario
  • Comments Off on “Oh, what a tangled web we weave when first we practice to deceive.”

“Oh, what a tangled web we weave when first we practice to deceive.”

Employer avoids liability for harassing texts sent by rogue employee In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of...

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January 30, 2014 by Chelsea Rasmussen in English, Human Rights, Ontario
  • Comments Off on Direct Evidence of Discrimination not Required: Ontario Human Rights Tribunal

Direct Evidence of Discrimination not Required: Ontario Human Rights Tribunal

Direct evidence of discrimination is not required for an employee to succeed before the Human Rights Tribunal of Ontario, the Tribunal has decided.  The decision provides guidance as to what evidence is required to prove discrimination. In Islam v. Bi...

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January 28, 2014 by Jeff Mitchell in Criminal Offences by Employees, English, Human Rights, Ontario
  • Comments Off on Don’t be “Convicted” of Discriminating based on Criminal Convictions

Don’t be “Convicted” of Discriminating based on Criminal Convictions

Picture it: you have the perfect person to hire. You run the background check, and discover a criminal conviction. You are inclined to withdraw the offer, but suddenly you are faced with the question: can I do it? The answer will depend on which provin...

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December 10, 2013 by Catherine Coulter in Employment Standards, English, Human Rights, Ontario
  • Comments Off on Compliance Reminder – Accessibilty for Ontarians with Disabilities Act

Compliance Reminder – Accessibilty for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act (“AODA”) has been around for a while.  So what’s the big deal now?

For starters, recent Freedom of Information Act requests have demonstrated that about 70% of Ontario private sector employers with 20 or more employees have not yet complied with required self-reporting requirements to

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November 22, 2013 by Catherine Coulter in English, Human Rights, National, Ontario, Workers' Compensation, Wrongful Dismissal
  • Comments Off on Human Rights claims in the Ontario courts – Now What?

Human Rights claims in the Ontario courts – Now What?

Way back in 2008, the Ontario Human Rights Code was amended to permit human rights claims to be piggybacked onto wrongful dismissal actions in the Ontario courts.  Prior to that time, the only recourse for an employee with a discrimination claim was to make a complaint to the [then] Human

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April 02, 2013 by Catherine Coulter in English, Human Rights, Ontario
  • Comments Off on Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered […]

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November 07, 2012 by Adrian Miedema in English, Human Rights, Ontario
  • Comments Off on Employee with “Anger Management Issues” was not Disabled

Employee with “Anger Management Issues” was not Disabled

A police officer who “suffered from bad temper and anger management problems” but said he was able to perform his […]

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September 20, 2012 by Catherine Coulter in English, Human Rights, Ontario
  • Comments Off on Ontario Human Rights Commission’s “Policy On Competing Human Rights”

Ontario Human Rights Commission’s “Policy On Competing Human Rights”

An employee’s guide dog causes a severe allergic reaction for co-workers.  A religious employer requires employees to sign a faith-based code […]

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