Hicks Morley’s Sean Sells was quoted in the August 19, 2013 edition of Law Times magazine in an article entitled, “Focus: Spike in pension-related human rights litigation.” The article discusses the influx of pension claims and cautions that a successful claim could have damaging consequences on a pension plan. Sean states, “Employers and pension plans…
Practice Area: Human Rights
Mandatory Retirement Upheld for Suppression Fire Fighters: HRTO Clarifies Accommodation Obligations
In its recent decision, Corrigan v. Mississauga (City), the Human Rights Tribunal of Ontario (“HRTO”) considered whether a municipal employer had a positive obligation to consider requests for individual exceptions to the mandatory retirement policy of age 60 for suppression fire fighters and to work with those fire fighters to develop a medical fitness testing…
ECHO Publishes an Article by Michelle Alton and Thomas Agnew
An article by Hicks Morley’s Michelle Alton and Thomas Agnew was published in the Summer 2013 edition of ECHO, an Ontario Municipal Human Resources Association Newsletter. In the article entitled, “Drug and alcohol testing: How far can an employer go?”, Michelle and Thomas discuss the implications of the decision in Irving Pulp & Paper. They advise the…
Canadian Human Rights Act Amended to Delete Discriminatory Practice Relating to “Hate Messages”
On June 26, 2013, a federal private member’s Bill, Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom), received Royal Assent. Bill C-304 amends the Canadian Human Rights Act (“Act”) by repealing section 13 “Hate Messages” as a discriminatory practice, to ensure compliance with the freedom of expression guarantee in the…
Court of Appeal for Ontario Upholds HRTO Finding of Racial Profiling, Clarifies Test Applicants Must Meet to Establish a Prima Facie Case of Discrimination
The Court of Appeal for Ontario has set aside a decision of the Divisional Court and upheld a decision of the Human Rights Tribunal of Ontario (“HRTO”) which found that race and colour were factors in a librarian’s decision to ask the applicants for identification when they were using a lawyers’ lounge operated by the…
A Lower Cover Charge for Women on “Ladies Night” is not Discriminatory
In the recent decision Maclean v. The Barking Frog, Mr. Maclean brought an application to the Human Rights Tribunal of Ontario in which he alleged that a bar discriminated against him by charging men a higher entry fee than women on “ladies night.” The application was dismissed after a summary hearing on the basis that…
Leola Pon Quoted in Canadian Safety Reporter
Hicks Morley’s Leola Pon was quoted in the May 2013 edition of The Canadian Safety Reporter in an article entitled “Emergency Exit.” In this article, Leola comments on the new requirement for Ontario companies to develop a process to provide individualized workplace emergency response plans to employees with disabilities under the Accessibility for Ontarians with…
Reaching Out – Third Edition
Dear Friends, As we welcome back Spring, which finally seems to be taking hold, it presents an opportunity to do some spring cleaning and dust off common HR issues that bear review before we get too far into 2013. In the Spring edition of Reaching Out, Carolyn Cornford Greaves, an associate in our Toronto office…
Consultation Process on HRTO Rules Announced
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…
Article by George G. Vuicic Published in 2012-2013 Labour Arbitration Yearbook
Hicks Morley’s George Vuicic recently authored an article in the 2012-2013 Labour Arbitration Yearbook. The article, “Religious Accommodation in the Workplace: A Management Perspective” provides an overview of the law relating to the accommodation of employees’ religious beliefs and practices in the workplace. View Article