Practice Area: Human Rights

Consultation Process on HRTO Rules Announced

· 1 min read

The Social Justice Tribunals Ontario (“SJTO”) has announced a consultation process regarding proposed new Common Rules of Procedure which will apply to Tribunals in the SJTO cluster, including the Human Rights Tribunal of Ontario (“HRTO”). One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious…

HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier

· 1 min read

In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…

HRTO Renders Significant Remedies Decision

· 2 min read

In the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…

Federal Gender Identity, Gender Expression Bill Passes Third Reading

· 1 min read

On March 20, 2013, Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), a Private Member’s Bill, passed Third Reading in the House of Commons and proceeded to the Senate for debate. If passed, Bill C-279 will add gender identity and gender expression as…

College Update – Second Edition

· 22 min read

Dear Friends, Spring is just around the corner and with the changing of the season, what better time for us to welcome our second edition of College Update! Hicks Morley’s College Practice Group is pleased to periodically provide our College clients with specific information relevant to your particu­lar interests. In this edition we discuss labour…

HRTO Considers Whether University’s Response to Potentially Volatile Situation Was Discriminatory

· 1 min read

The Human Rights Tribunal of Ontario recently provided helpful guidance for employers and educational institutions which are faced with potential unrest due to competing opinions or political views, the genesis of which might be one’s place of origin or ethnic origin. In the case at hand, which involved the removal by a university of controversial…

Accommodating Childcare Needs: Understanding Your Obligations

· 9 min read

In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…

University’s Removal of Controversial Posters Not Discriminatory under Human Rights Code

· 3 min read

In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…

Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs

· 6 min read

The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…