Industry: Universities

Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues

· 5 min read

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.

Four Hicks Morley Lawyers Recognized in The 2018 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada

Hicks Morley is thrilled to announce that four of the firm’s lawyers have been recognized as the country’s “Leading Lawyers” in The 2018 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Congratulations to Henry Dinsdale and Stephen Shamie for once again being profiled, and to David Bannon and John Brooks for their debut feature in this prestigious guide for their distinguished expertise in Labour Law.

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.

Ministry Releases Code of Practice to Guide Employers in New Workplace Harassment Obligations

· 4 min read

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…

New Regulations Outline Details of Requirements Under Ontario’s Sexual Violence and Harassment Legislation for Colleges and Universities

· 5 min read

The Ontario government has filed two regulations mandating the content of sexual violence policies which colleges and universities must develop and implement pursuant to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”).

Court Reaffirms Broad Academic Discretion of Universities

· 2 min read

In Tran v. University of Western Ontario, the Ontario Superior Court recently considered both the ability of an institution to shield itself from civil action on the basis of “academic discretion” and the liability of the individual employees of the institution in exercising such discretion. Justice Dunphy accepted that universities enjoy broad discretion in respect of academic…