The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…
Practice Area: Human Rights
2011 Winter Issue
FOCUS ON MUNICIPAL Municipal miracles – doing more with less LEGAL DEVELOPMENTS Attendance management and innocent absenteeism Child-related responsibilities and family status protection PROFILE From farm to firm Download PDF
Arbitrator Upholds Statutory Provisions Permitting Age-Based Distinctions in Benefits for Employees Aged 65 and Older
On October 31, 2010, Arbitrator Etherington issued a significant award on the interpretation of the provisions of the Ontario Human Rights Code (the “Code”) and the Employment Standards Act, 2000 (the “ESA, 2000” ), which effectively permit an employer to reduce or eliminate employee benefits once an employee reaches age 65. Arbitrator Etherington found that…
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
Proposed Integrated Accessibility Regulation Under the AODA: FTR Now
On Friday, September 10, 2010, Hicks Morley published a detailed overview of the “Integrated Accessibility Regulation Proposed Under the AODA” in an FTR Now, which is available on our website. As previously reported, the proposed Integrated Accessibility Regulation was published by the Ontario government on September 2, 2010.
Integrated Accessibility Regulation Proposed Under the AODA
On September 2, 2010, the Ontario Ministry of Community and Social Services proposed an Integrated Accessibility Regulation (the “proposed Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The proposed Regulation would combine three accessibility standards into one – information and communication, employment and transportation. In addition, the proposed Regulation includes detailed compliance…
Ontario Proposes Integrated Accessibility Regulation Under AODA
On September 2, 2010, the Ontario government published the proposed integrated accessibility regulation (“IAR”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for public review and commentary. As previously reported, the IAR initiative combines the information and communications, employment and transportation standards into a single, integrated regulation, intended to make them “more flexible”…
Bill 168 – Assessing Students as Risks
The new provisions incorporated into the Occupational Health and Safety Act (“OHSA”) by Bill 168 came into force on June 15, 2010. These provisions make clear that colleges must take every precaution reasonable in the circumstances to protect their workers from workplace violence. In this bulletin, we focus on the college duty to manage the…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
An Educator’s Guide to Special Education Law, Second Edition
This book provides a complete and comprehensive account of the legal and administrative issues arising from the special education process. It details changes to the Ontario Human Rights Code and the Education Act and how the changes impact upon educators. It also updates case law generated by the courts, the Special Education Tribunal and the…