Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities

The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…

Federal Accessibility Legislation Now Passed

On June 21, 2019, Bill C-81, the Accessible Canada Act (Act) passed as amended by the Senate and received Royal Assent. The provisions of this Act come into force on a day to fixed by order of the Governor in Council. As we previously reported, the Act is accessibility legislation which impacts certain federally regulated…

Gender Identity and Gender Expression

Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.

Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered

In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…