Recent Developments in the Law of Workplace Accommodation

Posted on: November 23, 2015

Few areas of employment law cause as much confusion as the duty to accommodate persons with disabilities in the workplace. Under the Ontario Human Rights Code (“Code”), every person has a right to equal treatment with respect to employment without discrimination because of disability.

Strategic Pre-mediation Advocacy: Maximizing Client Satisfaction

Posted on: November 27, 2014

The primary strategy in dealing with wrongful dismissal files in the early stages involves making judgment calls about which key issues will make a significant difference to a satisfactory settlement or litigation result in the case. While that may be true of any legal matter, wrongful dismissal advocacy is particularly amenable to early settlement or, […]

Khosa: Extending and Clarifying Dunsmuir

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The Supreme Court’s recent decision in Khosa represents its first significant guidance with regard to the implementation of the standard of review analysis post-Dunsmuir (Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9). This decision provides some insight into how the standard of review analysis should be conducted after elimination of the most […]

Under the Microscope: Judicial Review of Human Rights Decisions

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In 2008, legislative amendments to the Ontario Human Rights Code (“Code”) removed the right of parties to appeal decisions of the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”) to the courts. With the removal of appeal rights, decisions of the HRTO can now only be revisited by way of a judicial review before the […]

Remedies Available to Employees and Timeliness of Complaints under Bill 168

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As a result of Bill 168, the Occupational Health and Safety Act, (the “OHSA” or “Act”) now imposes obligations on employers to maintain policies and programs with respect to preventing both workplace violence and harassment. While the requirement to maintain such policies and programs is well established, what is less certain is what remedies will be […]

The New Ontario Human Rights System – Practice Tips and Case Update

Posted on: October 28, 2014

The Ontario Human Rights Code, R.S.O. 1990, c. H.19 (“Code”) underwent a major overhaul with the full coming into force of the Human Rights Amendment Act, S.O. 2006, c. 30, on June 30, 2008. Among other changes, these significant reforms have created a new human rights process which permits Applicants (formerly known as “Complainants”) to […]

Procedural Issues: How to Get What You Want/Need

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As the Human Rights Tribunal’s processes are becoming more developed and widely understood, the opportunities for using these processes strategically are increasing. For both Applicants and Respondents there are particular junctures in the Part IV Application process where a strategic advantage may be gained or lost.The disclosure regime under the Rules of Procedure, for example, […]

Things to Keep in Mind When Hiring Summer Students and Interns

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For most of us, the summer season brings with it opportunities to travel and enjoy the great outdoors.  For students, summer represents a valuable opportunity to gain employment experience.  Hiring a summer student or intern can help many lawyers and firms accomplish what needs to get done, while allowing regular employees to take well-deserved breaks. […]