Organizations which have experience litigating matters at the Human Rights Tribunal of Ontario (the “Tribunal”) are likely aware that unsuccessful parties often utilize the Tribunal’s “reconsideration” process to attempt to overturn those decisions. While the Tribunal regularly issued reconsideration decisions, it was quite rare for it to grant a reconsideration request. However, recent decisions suggest…
Tag: Discrimination
Andrew Zabrovsky Quoted in Canadian Lawyer
Hicks Morley’s Andrew Zabrovsky was quoted in the August 2012 edition of Canadian Lawyer. In an article entitled “Straddling the line,” Andrew discusses the laws protecting obesity as a disability. He acknowledges that although obesity is a growing phenomenon in the workplace, obesity is not a protected ground under the human rights code and is…
Supreme Court of Canada Upholds Finding of Wage Discrimination
In a federal sector pay equity complaint that stretched on for nearly 30 years, the Supreme Court of Canada has upheld a finding of the Canadian Human Rights Tribunal of gender-based wage discrimination. The result is an order to compensate employees for lost wages over a 20 year period. This FTR Now discusses the Supreme…
Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed
The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…