Welcome back to school! We hope everyone enjoyed a restful summer season. To kick off the school year, we bring you the latest edition of our School Board Update with particular emphasis on legislation and decisions involving the student body…
Practice Area: Human Rights
IMEs and the Scope of an Employer’s Communications with IME Examiners
The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…
Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)
Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…
SJTO Launches New HRTO Pilot Project for Children and Youth Cases
Earlier this summer, the Child and Youth Division of the Social Justice Tribunals of Ontario (SJTO) launched a pilot project to stream child and youth cases from the Human Rights Tribunal of Ontario (HRTO), and to provide access to specialized panels of adjudicators and mediators with expertise in child and youth issues and an understanding…
Employees on LTD Not Automatically Entitled to Continued Employment for Purposes of Maintaining Group Benefits Coverage
In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…
Arbitrator Considers Employer’s Liability for “Personal Harassment” in Article 4.6.2 of the Support Staff CBA
In an award released June 28, 2017, George Brown College and OPSEU Local 557, Arbitrator Michael Bendel considered the question of the College’s financial liability for “personal harassment” under Article 4.4.2 of the Support Staff Collective Agreement…
HRTO Decision Clarifies Family Status Accommodation Test and Finds Reasonable Investigation Conducted
In Ananda v. Humber College Institute of Technology & Advanced Learning, a recent decision of the Human Rights Tribunal of Ontario (Tribunal), the Tribunal confirmed its approach to assessing claims of family status discrimination (in this case, involving eldercare) and described some of the features of a picture-perfect human rights investigation…
FTR Quarterly – Issue 6
In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?
In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…
Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…