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Summary hearings and the burden of proof at the HRTO

Gavel and book.

Gavel and book.

For an application to be fully processed at the Human Rights Tribunal of Ontario, the applicant must establish a nexus or “connection” between the protected ground they are alleging and the conduct of the respondent. This was reiterated in the recent summary hearing of Wasty v. Lone Wolf Real Estate Technologies. (more…)

The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

Free stock photos employment law human right paralegalThe duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated (more…)

Summary hearings at the HRTO: Is an alternative explanation enough?

human rights toronto kevin sambrano legal services

When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.

Pursuant to Rule 19A of the Tribunal’s Rules of Procedure, a summary hearing is (more…)

Tribunal orders pharmacy to pay $8,000.00 as a result of racial profiling

sambrano legal racial profilingUnder section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision of McCarthy v. Kenny Tan Pharmacy Inc.. [i]

Simply put, an organization is responsible for discrimination that occurs through the acts of its employees or agents, whether or not it had any knowledge of, participation in or control over these actions.[ii][iii] (more…)

Gender identity and gender expression in employment: Vanderputten v. Seydaco Packaging Corp.

Sambrano Legal Paralegal Human rights Toronto

On June 19, 2012 the Human Rights Code (Ontario) was amended adding two new protected grounds of discrimination, namely “gender identity” and “gender expression”. The first interpretation of these new grounds was examined in the Human Rights Tribunal decision in (more…)

Sambrano Legal: “Pregnancy, short-term contracts & the Code” makes Top 10 First Reference Talks posts for 2015!

“Pregnancy, short-term contracts & the Code” makes Top 10 most read First Reference Talks posts published in 2015! Thank you everyone!

Sambrano legal Human Rights

Rules of Evidence- Identifications

ident1

Online Presentation: Rules of Evidence- Identifications
This is the media presentation used to introduce laypersons and law students to the legal rules of Identifications (under the rules of evidence). It discusses its value to the Crown, (more…)

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