The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Industry: School Boards
Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative
On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…
Education Law in Canada: A Guide for Teachers and Administrators Published
Lauri Reesor and Brenda Bowlby recently published a chapter on Special Education Law in the text, Education Law in Canada: A Guide for Teachers and Administrators. “Education has long been recognized as a “service” that is protected by human rights legislation, and special education has been recognized as the means by which accommodations are determined and implemented for students with…
Jessica M. Toldo
Jessica advises employers on a wide range of labour and employment matters. This includes labour disputes, grievance arbitrations, human rights and accommodation.
Expert Guides Best of the Best 2017 Recognizes Two Hicks Morley Lawyers
Best of the Best, the international legal market’s leading guide to the top legal practitioners, has recognized two Hicks Morley lawyers in its Expert Guides 2017 directory for the practice area of Labour and Employment law. Congratulations to Stephen Shamie and John Brooks on this recognition!
Protecting Students Act Passes Third Reading
On November 15, 2016, Bill 37, Protecting Students Act, 2016, passed Third Reading…
Ministry Releases Code of Practice to Guide Employers in New Workplace Harassment Obligations
On September 8, 2016, changes to the Occupational Health and Safety Act (OHSA) will come into force. The amendments require employers to develop policies and programs to prevent harassment, including sexual harassment, in the workplace. The Ministry of Labour has now finalized its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and…
Insights for School Boards on New Government Inclusivity Initiatives Targeting Gender Identification Information
While it remains to be seen what further action either government may take to mandate reforms within the broader public or private sectors, find out how your School Boards may proactively revisit current gender inclusivity efforts to plan for potential reforms…
Kathryn Meehan Quoted by Financial Post on Human Rights Tribunal of Ontario Reinstatement Order
Kathryn Meehan was quoted on June 14, 2016 in the Financial Post on the case involving the Hamilton-Wentworth District School Board’s failure to accommodate the disabilities…
Appellate Court Upholds Significant Remedy Decision of the Human Rights Tribunal of Ontario
A decision of the Human Rights Tribunal of Ontario (Tribunal) which ordered reinstatement and back wages for an employee who had been…