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…
Practice Area: Human Rights
Federal Gender Identity, Gender Expression Bill Passes Third Reading
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
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
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
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
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
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…
HRTO Affirms Its Primary Function is to Determine Whether Code Breached
An offer of monetary compensation by an employer to end a proceeding before the Human Rights Tribunal of Ontario was rejected by the Tribunal. While the Tribunal noted that it would be expeditious to stop the hearing on the basis of this offer, it would neither be fair nor just: the applicant had not agreed…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…
AODA Accessible Built Environment: Consultation Paper on Proposed Changes to Building Code Released
The Ontario government has released a consultation paper on proposed changes to the barrier-free design requirements of Ontario’s Building Code. The proposed Building Code changes arise from the development of built environment accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The consultation process focuses on certain key accessibility requirements, including: Renovations…