Human Rights Tribunal Rules that Miscarriage is a Disability

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…

Human Rights Update 2015

Materials Agenda With human rights-related litigation and Applications at the Human Rights Tribunal of Ontario on the rise, employers and service providers alike must be prepared to address and manage these increasingly complex and critical issues within their organizations. From harassment and accommodation, to attendance management and benefits, human rights issues can impact a broad…

After Keewatin: The Use of Exclusions

Overview In a recent case, the Human Rights Tribunal of Ontario served clear notice that excluding a student under s. 265(m) of the Education Act, because of behavioural issues arising from the student’s disability, must not offend human rights principles.  In R.B. v. Keewatin Patricia District School Board, the Tribunal found that the exclusion of…

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

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…