2015 Summer Edition

FOCUS ON HUMAN RIGHTS Beyond wrongful dismissal LEGAL DEVELOPMENTS Common pitfalls: use of expert witnesses Class actions beyond certification – the case for defence through trial PROFILE A litigator at heart Download PDF

Human Rights

As groundbreaking new law continues to emerge from human rights tribunals, arbitration boards and courts across Canada on hot-button—and often headline-grabbing—issues, our Human Rights Practice Group provides clients with the strategic, practical advice they need to respond to the unique challenges of this area on all fronts. Whether in respect of new protections of discrimination…

Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection

In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…

Federal Court Confirms “Family Status” Applies to Mother-in-Law

In Canada (Attorney-General) v. Hicks, the Federal Court held that the Canadian Human Rights Tribunal (“CHRT”) did not err when it found that Human Resources and Services Development Canada (“HRSDC”) discriminated against Mr. Hicks in refusing to approve expenses associated with maintaining temporary dual residences after a relocation from Halifax to Ottawa. After Mr. Hicks…

Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers

In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…

Workplace Investigation Training – London

Agenda This workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents. Following instructional components, attendees will work, in small groups, through case scenarios designed to highlight strategies which can be used to deal with issues that can arise when conducting investigations. Attendance at this session will include…

Reaching Out – Eighth Edition

Dear Friends, Before everyone becomes distracted by the beautiful weather and blooming flowers, we wanted to provide you with our Spring Edition of Reaching Out. We hope that it will give you some valuable information that you can put to good use during the hazy days of summer. Leanne N. Fisher, an Associate in our…

Workplace Investigation Training

Agenda This workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents. Following instructional components, attendees will work, in small groups, through case scenarios designed to highlight strategies which can be used to deal with issues that can arise when conducting investigations. Attendance at this session will include…