In a recent decision, Garrie v. Janus Joan Inc., the Human Rights Tribunal of Ontario (“HRTO”) has clarified the principles related to determining the limitation period for discrimination claims involving a series of discriminatory incidents that are more than one year old. The Code creates a one year deadline for filing an application with the […]
In a recent decision, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), the British Columbia Court of Appeal has overturned rulings from the BC Human Rights Tribunal and the BC Supreme Court which held that partners in business partnerships are entitled to the same protections as employees for the purposes of the BC […]
The Supreme Court of Canada recently released its decision in R. v. Cole, 2012 SCC 53, in which the Court decided that employees have a reasonable expectation of privacy in the information contained on work computers where personal use is permitted by an employer. The Court confirmed that it is a breach of section 8 […]
Prior to amendments to the Human Rights Code (“Code”) in 2008, Ontario’s civil courts did not have jurisdiction to hear human rights cases. The courts’ power was limited to hearing appeals of Ontario Human Rights Tribunal decisions by way of judicial review. Section 46.1 of the Code now permits a party to bring human rights […]
In the previous blog, we summarized a number of cases dealing with the ability of litigants in court cases to include human rights allegations in their civil proceedings. We had explained how the 2008 amendments to the Human Rights Code had permitted people with human rights issues to seek redress from the civil courts rather […]
In a recent article, the Globe and Mail reported that an American computer programmer, described by his employer as a “model employee,” had secretly outsourced his own job to a company in China. The computer programmer, referred to as “Bob” in the news coverage, was earning $250,000 a year to write code, but was secretly […]
In the 2012 case of Brito v. Canac Kitchens, 2012 ONCA 61, the Court of Appeal considered what would be a nightmare scenario for many employers. In this case, the employee was covered under an employer-sponsored benefit plan, which included short- and long-term disability benefits. The employee was dismissed without cause. He was 55 years […]
In November 2012, the Supreme Court of Canada released a decision that has increased access to public education for persons with disabilities in Canada. Moore v. British Columbia (Education), 2012 SCC 61 was the case of a child name Jeffrey Moore who had a severe learning disability and was unable to receive the intense remedial […]
A recent decision from the Human Rights Tribunal of Ontario (“HRTO”) Tremblay v. 1168531 Ontario Inc., highlights the importance of confidentiality in the settlement process. Trish-Ann Tremblay filed a human rights application against her former employer, a fast food restaurant, alleging discrimination in employment. Ms. Tremblay and her employer participated in a mediation process, provided […]
A decision released by the Federal Court in January 2013 confirms that employers must accommodate their employees with parental obligations to the point of undue hardship: Johnstone v A.G. (Canada). Fiona Johnstone and her husband worked as border services officers for the Canadian Border Services Agency (“CBSA”) at Pearson Airport. Both Ms. Johnstone and her […]
