Practice Area: Human Rights

Recent Developments under the AODA

· 7 min read

It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…

Transforming Human Resources Practices Under The Proposed AODA “Employment Accessibility Standard”

· 12 min read

Employers in Ontario should pay careful attention to the proposed Employment Accessibility Standard (the “Standard”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) released for public comment in February 2009. If approved in its present form, the proposed Standard will transform how employers deal with employees and potential employees in all phases…

What Educational Organizations And Regulatory Bodies Need To Know About Proposed AODA Standard

· 5 min read

In late 2008, a proposed new standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) was released for public comment. The proposed Accessible Information and Communications Standard (the “Standard”) addresses all manner of conveyance of information and communications, whether orally, in print or electronic, and will impose a variety of requirements and…

Proposed “Accessible Information And Communications Standard” Under The AODA

· 7 min read

In late 2008, a proposed new standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) was released for public comment. The standard relates to accessible information and communications, and if approved in its present form, will have a significant impact on employers and most organizations in Ontario. BRIEF OVERVIEW OF THE AODA…

Human Rights Tribunal Upholds Mandatory Retirement at Age 60 for Firefighters

· 4 min read

In an important decision issued December 18, 2008, the Human Rights Tribunal of Ontario has upheld a provision in a Collective Agreement which requires mandatory retirement at age 60 for firefighters. In the City of London decision, Adjudicator David A. Wright found that while the provision was prima facie discriminatory, it could be reasonably justified…

Religious Accommodation: Tribunal Finds Two Paid Days of Religious Leave Not Required

· 8 min read

INTRODUCTION On September 3, 2008, Vice-Chair Sherry Liang of the Human Rights Tribunal of Ontario issued a very helpful decision in Markovic v. Autocom Manufacturing Ltd., 2008 HRTO 64. The Autocom decision provides some much-needed clarification concerning the accommodation of religious observances. Of particular interest, the Tribunal rejected the Ontario Human Rights Commission’s long-held policy…

Supreme Court of Canada Issues Landmark Judicial Review Decision

· 12 min read

On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…