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Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. (more…)
In an application filed under the Human Rights Code (Code) of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, (more…)
Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)?
The recent case of Thompson v. 1552754 Ontario Inc. examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work. (more…)
The question became relevant in the recent case of Brown v. Prime Communications Canada Inc. After signing a release with her employer, the Applicant, Stephanie Brown filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code. [i] (more…)
Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.
On March 8, 2016, the applicant filed a human rights application alleging discrimination in (more…)
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…)
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Sambrano Legal Services helps businesses to avoid costly litigation by informing them of their rights and obligations under various legislation. We offer a variety of workshops for small and medium-sized businesses. A energetic leader and public speaker, Kevin’s seminars are lively, engaging and most of all educational. (more…)