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…
Practice Area: Human Rights
More Information on Family Status Accommodation
As many of you will know, we are currently presenting a series of client conferences across the province. One of the human rights issues we have been featuring in our conferences is the accommodation of family status. We have received some requests from attendees for case citations for some of the decisions referenced in our…
OHRC Draft Policy on Mental Health Discrimination and Police Record Checks
In February 2008, the Ontario Human Rights Commission released a Draft Policy on Mental Health Discrimination and Police Records Check for public consultation. The draft Policy is aimed at addressing concerns that the requirements, policies and practices relating to police record checks can have a discriminatory impact on persons with mental health-related disabilities and those…
The Kajouji Case: A Recent Tragedy Focuses Renewed Attention on Managing Students at Risk
The tragic recent events involving 18-year old Carleton University student Nadia Kajouji have once again called attention to universities’ responsibilities when managing students who are at risk of harming themselves or others. As is now well known from media reports, Ms. Kajouji’s body was recovered from the Rideau River in Ottawa in late April, and…
2008 Spring issue
FOCUS ON INFORMATION AND PRIVACY Employee privacy in an electronic world LEGAL DEVELOPMENTS Providing benefits after age 65 Drug testing laws continue to evolve PROFILE Employment litigation and beyond Download PDF
Supreme Court of Canada Issues Landmark Judicial Review Decision
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…
Bill 107 – Tribunal Issues Draft Rules of Procedure for Consultation
Bill 107, the Human Rights Code Amendment Act, will come into force effective June 30, 2008. The Human Rights Tribunal (the Tribunal) has recently released long awaited draft Rules of Procedure for review and comment by members of the human rights community. It is important to note that Bill 107 did not amend any of…
2007 Fall issue
LEGAL DEVELOPMENTS Limits placed on duty to accommodate The new face of accessibility in Ontario The A-B-Cs of Medical Information Management PROFILE A firm commitment FOCUS ON LITIGATION Not your typical wrongful dismissal actions Download PDF
Students at Risk – Maintaining Balance After Virginia Tech
IN THIS ISSUE: What would the reasonable administrator do? When there is imminent risk of serious harm Managing non-imminent risks is challenging but possible Conclusion – Schools should assert their right to information