News & Analysis as of

Canada Human Rights Code

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Stikeman Elliott LLP

Ontario Court Affirms that Workplace Sexual Harassment is not an Independent Tort

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The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

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The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Human Rights Tribunal of Ontario Confirms that Unionized Employees Still Have a Choice of Forum for Human Rights Complaints

​​​​​​​On October 4, 2022, the Human Rights Tribunal of Ontario (HRTO), released its decision in Weilgosh v. London District Catholic School Board. This HRTO decision was highly anticipated, following the Supreme Court of...more

Stikeman Elliott LLP

Case Law Update: Age-Based Distinction in Long-Term Disability Benefit Plan Justified under Section 1 of the Charter

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In Rayonier v. Unifor, Locals 256 and 89 (the “Decision”) the long-term disability (“LTD”) coverage provided by Rayonier (the “Employer”) under the parties’ collective agreement was challenged by Unifor, Locals 256 and 89...more

Littler

British Columbia Tribunal Finds Employer that Unilaterally Removed Employee on Maternity Leave from Management Position Liable for...

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The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence.  The...more

Littler

Ontario, Canada: HRTO Finds Employee Was Victim of Repeated Acts of Sex Discrimination in Poisoned Work Environment

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In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more

Littler

Ontario, Canada: Arbitrator Decides Employer Discriminated on Basis of Creed in Denying Request for Vaccine Policy Exemption

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In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more

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Ontario, Canada Human Rights Commission Releases Policy that Provides Guidance on Proof of Vaccination Policies

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Ontario’s proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In response to this new regime, as well as to the recent trend among employers to implement vaccination...more

Littler

Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

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In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

Littler

Ontario, Canada: Masks Must be Worn in Indoor Area of Business Premises and in Vehicles Operating as Part of Business

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On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.  The Regulation came into force on October 3, 2020....more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

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Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Littler

Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

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Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

Dickinson Wright

Labour and Employment Criminal Background Checks

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In an increasingly competitive business environment, it is perhaps more important than ever for employers to exercise prudence and caution in hiring and maintaining their workforce. Background checks, including criminal...more

Bennett Jones LLP

Ontario Superior Court Awards Damages for Family Status Discrimination

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Justice Healy’s January 2015 decision in Patridge v Botony Dental Corporation is likely to be on many lists of top human rights law decisions already decided this year. Besides awarding damages under the Human Rights Code,...more

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