Divisional Court Finds “Permanent Residence” Not a Protected Ground under Ontario Human Rights Code

In the recently released decision of Imperial Oil Limited v. Haseeb, a majority of the Divisional Court (Court) quashed a decision of the Human Rights Tribunal of Ontario (Tribunal) which treated “permanent residence” as intrinsically included in the protected ground of “citizenship.” The majority held that such an expansion to the ground of “citizenship” was…

Advantage CPD: At Your Service – Addressing Service-Based Human Rights Complaints in the Social Services Sector

Given social services agencies’ mandates, employees are constantly interacting with the public and others members of the community in delivering services, support and programs. With service-based human rights tribunal applications becoming more and more common, it is increasingly necessary that organizations in this sector be able to quickly respond to such complaints should they occur – and ideally prevent claims from arising in the first place.

FTR Quarterly – Issue 15

In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.

Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities

The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…

Appellate Court Finds Preferential Treatment of WSIB Claimants in Workplace Not Discriminatory

The Ontario Divisional Court recently released Carter v. FCA Canada Inc and Human Rights Tribunal of Ontario, a decision which affirms that differential treatment between employees with work-related injuries and employees with non-work-related injuries is not discriminatory under the Ontario Human Rights Code (Code). The applicant, who had a non-work-related injury, sought to return to…