The Divisional Court has upheld a decision of the Human Rights Tribunal of Ontario in which the Tribunal ordered significant damages against the Hamilton-Wentworth District School Board and also ordered reinstatement of an employee after an almost decade-long absence from the workplace. The Court agreed with the applicant’s submission that “the goal of the remedial provisions of the Code ought not to…
Category: Human Rights
Canadian Human Rights Tribunal Extends “Family Status” Protection to Care for Mother-in-Law
In a recent decision of the Canadian Human Rights Tribunal (the “Tribunal”), Hicks v. Human Resources and Skills Development Canada, the Tribunal found that “family status” protection under the Canadian Human Rights Act (the “Act”) can extend to eldercare responsibilities for “in-laws.” The Complainant was employed by Human Resources and Skills Development Canada (“HRSDC”) when…
Ontario Court Awards Damages under Human Rights Code
In what appears to be the first decision under s. 46.1 of the Ontario Human Rights Code (“Code”), which permits courts to award damages for violations of Code rights, the Ontario Superior Court of Justice has awarded damages for infringement of Code rights in an amount of $20,000. (Prior to the changes enacted to the…
Court of Appeal for Ontario Upholds HRTO Finding of Racial Profiling, Clarifies Test Applicants Must Meet to Establish a Prima Facie Case of Discrimination
The Court of Appeal for Ontario has set aside a decision of the Divisional Court and upheld a decision of the Human Rights Tribunal of Ontario (“HRTO”) which found that race and colour were factors in a librarian’s decision to ask the applicants for identification when they were using a lawyers’ lounge operated by the…
A Lower Cover Charge for Women on “Ladies Night” is not Discriminatory
In the recent decision Maclean v. The Barking Frog, Mr. Maclean brought an application to the Human Rights Tribunal of Ontario in which he alleged that a bar discriminated against him by charging men a higher entry fee than women on “ladies night.” The application was dismissed after a summary hearing on the basis that…
HRTO Renders Significant Remedies Decision
In the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…
University’s Removal of Controversial Posters Not Discriminatory under Human Rights Code
In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…
HRTO Considers Allegations of Age Discrimination in Employer Hiring Practices
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”) reaffirms Tribunal jurisprudence that an employer’s decision not to interview or hire an older job candidate will not necessarily be a violation of the Ontario Human Rights Code (the “Code”). In Loose v. Ontario (Education), the applicant applied for a position posted by…
What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…