Tribunal Confirms Human Rights Issues Need not be “Explicitly Decided” to Have Been Appropriately Dealt With in Another Proceeding

In Hewitt v. HTS Engineering Ltd., the Human Rights Tribunal of Ontario (Tribunal) addressed the issue of whether the Ontario Labour Relations Board (Board or OLRB) had appropriately dealt with the substance of an Application. The decision confirms that human rights issues do not need to be explicitly at issue in another proceeding in order to…

Tribunal Finds that Denial of Coverage for Medical Cannabis under Employer’s Benefit Plan is not Discriminatory

The Ontario Human Rights Tribunal (the Tribunal) recently held that the decision to deny coverage for medical cannabis coverage under an employer’s benefit plan is not discrimination under the Ontario Human Rights Code (Code) when the decision to deny coverage is unrelated to an applicant’s disability or another protected ground. In Rivard v. Essex (County),…

That’s a Wrap – Final School Board Update of 2018

In this School Board Update, we review two recent decisions which will be of interest to school boards. The first is an arbitration decision which considers the Ontario teacher performance assessment (TPA) process in a case where the termination of a teacher’s employment was upheld. The second is a decision of the Human Rights Tribunal of Ontario which concluded that a school board was not in violation of the Human Rights Code when it did not provide Applied Behavioural Analysis / Intensive Behavioural Intervention to a young student.

The Law Regarding Service Animals [Video]

Failing to accommodate guide dogs or service animals is potentially a failure to accommodate a disability. There may also be competing rights or obligations to consider when such situations arise in your organization. In this video, Elizabeth Winter takes us through the law regarding service animals – an important area of human rights law – with a focus on best practices for identifying a service animal and your organization’s responsibility to accommodate staff and clients.

FTR Quarterly – Issue 11

In This Issue Considering Cannabis Coverage under Benefits Plans Recreational Cannabis and Your Workplace: Five Steps to Consider Featured Topic – Cannabis Expertise Featured Articles Considering Cannabis Coverage under Benefits Plans By: Natasha D. Monkman With the legalization of recreational cannabis on October 17, 2018, employers across Canada have been preparing to answer questions about whether…

Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Human Rights Law [Video]

Understanding Canadian human rights law is key to ensuring your organization is fully prepared to deal with issues when they arise. In this video, David Alli discusses what U.S. employers need to know about Canadian human rights law (known as “anti-discrimination law” in the United States) and outlines some key differences between Canadian and U.S. laws.

Federal Government Proposes Significant Workplace Law Reforms

On October 29, 2018, the federal government tabled Bill C-86, the Budget Implementation Act, 2018, No. 2, omnibus legislation giving effect to certain initiatives in its 2018 Federal Budget. If passed, the Bill will make substantial changes to the Canada Labour Code and enact a federal Pay Equity Act, among other things. For federally regulated…

Ontario Government Introduces Safe and Supportive Classrooms Act, 2018

On October 25, 2018, the Ontario government introduced Bill 48, the Safe and Supportive Classrooms Act, 2018. If passed, Bill 48 will amend the Early Childhood Educators Act, 2017, the Ontario College of Teachers Act, 1996, and the Teaching Profession Act to expand the definition of sexual abuse. Notably, the amendments include: clarification that sexual…

Committee Invites Public Submissions on Proposed Federal Accessibility Legislation – Due October 25, 2018

As we previously discussed, in June 2018 the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, accessibility legislation which will apply to certain federally regulated employers. If passed, Bill C-81 will require certain organizations to identify, remove and prevent barriers in the following areas: employment, the built environment, information and communication…