In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…
Publication Type: Blog Post
Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…
The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers
In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…
Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes
On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…
Sexual Assault: When is an Employer Vicariously Liable?
In a recent decision, Ivic v. Lakovic, the Ontario Court of Appeal dismissed a claim against a taxi company whose driver allegedly sexually assaulted the appellant. The Court found that the alleged acts were only coincidentally connected to the taxi company and the company did not confer any power on the driver over the appellant….
Ontario Legislature Adjourns Until September 11, 2017
On June 1, 2017, the Ontario Legislature adjourned for the summer break. It is scheduled to resume sitting on September 11, 2017.
Anti-Racism Act, 2017 Now in Force
On June 1, 2017, Bill 114, the Anti-Racism Act, 2017 received Royal Assent and came into force. Among other things, the Anti-Racism Act, 2017 (Act): requires the Ontario government to maintain an anti-racism strategy which includes: initiatives to eliminate systemic racism, including those that assist racialized groups that are most adversely impacted by systemic racism,…
Ontario Tables Bill to Amend Employment and Labour Laws
On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). On the same date, the Bill was referred to the Standing Committee on Finance and Economic Affairs….
Ontario to Introduce Significant Amendments to Employment and Labour Laws
On May 30, 2017, the Ontario government announced its intention to introduce The Fair Workplaces, Better Jobs Act, 2017 (Act), omnibus legislation proposing a series of broad ranging, significant amendments to Ontario’s Employment Standards Act, 2000 and Labour Relations Act, 1995. According to the government’s announcement, the Act will contain a package of proposed legislative…
Appellate Court Finds Mutual Release Barred a New Claim Arising Years Later
In a recent decision, Biancaniello v. DMCT LLP, the Ontario Court of Appeal held that a mutual release operated to bar a claim even though the claim was unanticipated and unknown at the time the release was executed by the parties. In doing so, the Court overturned the decisions of the motion judge and the…