The Ontario Human Rights Tribunal (the Tribunal) recently held that the decision to deny coverage for medical cannabis coverage under an employer’s benefit plan is not discrimination under the Ontario Human Rights Code (Code) when the decision to deny coverage is unrelated to an applicant’s disability or another protected ground. In Rivard v. Essex (County),…
Practice Area: Human Rights
That’s a Wrap – Final School Board Update of 2018
In this School Board Update, we review two recent decisions which will be of interest to school boards. The first is an arbitration decision which considers the Ontario teacher performance assessment (TPA) process in a case where the termination of a teacher’s employment was upheld. The second is a decision of the Human Rights Tribunal of Ontario which concluded that a school board was not in violation of the Human Rights Code when it did not provide Applied Behavioural Analysis / Intensive Behavioural Intervention to a young student.
Successfully defended a post-secondary institution against a complaint by a former student that his failure to successfully complete his academic program was due to discrimination and harassment by a faculty member; this case also clarified the legal requirements with respect to family status accommodation.
Successfully defended a post-secondary institution against a complaint by a former student that his failure to successfully complete his academic program was due to discrimination and harassment by a faculty member; this case also clarified the legal requirements with respect to family status accommodation.
Federal Government Proposes Significant Workplace Law Reforms
On October 29, 2018, the federal government tabled Bill C-86, the Budget Implementation Act, 2018, No. 2, omnibus legislation giving effect to certain initiatives in its 2018 Federal Budget. If passed, the Bill will make substantial changes to the Canada Labour Code and enact a federal Pay Equity Act, among other things. For federally regulated…
Ontario Government Introduces Safe and Supportive Classrooms Act, 2018
On October 25, 2018, the Ontario government introduced Bill 48, the Safe and Supportive Classrooms Act, 2018. If passed, Bill 48 will amend the Early Childhood Educators Act, 2017, the Ontario College of Teachers Act, 1996, and the Teaching Profession Act to expand the definition of sexual abuse. Notably, the amendments include: clarification that sexual…
Successfully argued to have a human rights complaint dismissed against a college due to the applicant’s disrespectful and inappropriate conduct.
Successfully argued to have a human rights complaint dismissed against a college due to the applicant’s disrespectful and inappropriate conduct.
Ontario Posts New Sign Requirements under the Smoke-Free Ontario Act, 2017
The prescribed signs that employers, proprietors and others will be required to post under the Smoke-Free Ontario Act, 2017 are now available on an Ontario government website.
Successfully represented hospitality and gaming client in summary dismissal of claim before the Human Rights Tribunal.
Successfully represented hospitality and gaming client in summary dismissal of claim before the Human Rights Tribunal.
OMHRA Fall ECHO Newsletter Features Two Articles by Jessica Toldo
The Fall 2018 issue of OMHRA’s ECHO newsletter features two articles co-authored by Hicks Morley lawyer Jessica Toldo.
In the article “Considerations for Municipal Employers When Drafting Termination Clauses in Employment Contracts,” Jessica discusses the importance of municipal employers having a clear and well-crafted termination provision to minimize the risk that a reviewing court will find the clause to be unenforceable, should litigation arise and highlight five key considerations when drafting termination clauses in light of some important developments in the case law.
The second article authored by Jessica, “HRTO Determines Requiring Proof of Eligibility to Work in Canada on a Permanent Basis is Discriminatory,” reviews a recent case where the Human Rights Tribunal of Ontario found that a pre-employment ‘permanence requirement’ was discriminatory on the basis of the applicant’s citizenship.
Jacqueline Luksha Discusses the “Rules of Weed in the Workplace” on the CBC News Network
Hicks Morley’s Jacqueline Luksha discussed the implications that the legalization of cannabis will have in the workplace on the CBC News Network with John Northcott on October 10, 2018. Jacqueline explains the obligations of both the employer and the employee, and provides tips on how employers can prepare for the October 17th legislation.