Tag: Human Rights Tribunal

Human Rights Tribunal Rules that Miscarriage is a Disability

· 2 min read

In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…

Workplace Equity Guide Publishes Article by Carolyn Cornford Greaves

Hicks Morley’s Carolyn Cornford Greaves authored an article for the March 2013 edition of Workplace Equity Guide. The article entitled, “HRTO Considers Allegations of Age Discrimination in Employer Hiring Practices” discusses a recent decision of the Human Rights Tribunal of Ontario that reaffirms that an employer’s decision not to interview or hire an older job…

Human Rights Tribunal is not a Judicial Review Body

· 5 min read

The Supreme Court of Canada has issued a significant decision limiting the jurisdiction of a human rights tribunal to consider matters that have already been dealt with in another proceeding. In British Columbia (Workers’ Compensation Board) v. Figliola, the Supreme Court considered whether the British Columbia Human Rights Tribunal had jurisdiction to hear a matter that…

Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed

· 3 min read

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…