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The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. See: Family status: Recent interpretation under the Human Rights Code. See: Employee not discriminated against as breastfeeding a “choice”- Federal Court of Appeal Decision. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving. (more…)
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.
The respondent alleged that her termination was a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.
Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked (more…)
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this may be done. The first is called a request for reconsideration. The second is an application for judicial review. The latter was the case in Big Inc. v. Islam, 2015 ONSC 2921. (more…)
Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited. (more…)
The applicant, Darryl Wesley, worked with the respondent company, 2252466 Ontario Inc. o/a The Ground Guys, performing landscape work for a period of approximately six weeks before being terminated. At the time, the employer indicated that Mr. Wesley was being laid off due to lack of work. Mr. Wesley, a gay Aboriginal man, who is also deaf, believed that he had been discriminated against and filed a human rights application. The respondents denied the allegation of harassment and discrimination.
On January 3, 2014, a hearing was conducted by teleconference without the participation of the respondents. As the respondents had elected not to participate and give evidence, the applicant’s evidence was uncontradicted. (more…)
The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.
The applicant, Sabrina Rollick, filed a human rights complaint alleging discrimination based on disability. The respondent did not file a response. A hearing was held in the respondent’s absence. (more…)
“…the Code contains a preamble which reflects the kinds of experiences the legislation is directed at remedying. It speaks not just to equality in relation to the law, but also to the values of understanding, mutual respect and dignity and the necessity to ensure that every citizen has the opportunity to contribute fully to the community.” (more…)