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Family status: The employee’s obligation under “the Code”

The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code (“the Code”) is a joint obligation, involving both the employee and employer. (more…)

Disability and termination under the Human Rights Code

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…)

Res judicata revisited at HRTO and OLRB

The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar. (more…)

Discrimination and a decision on remedies

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…)

Medical documentation request after employee illness

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…)

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…)

Family status under the Code: Recent developments

Sambrano Human rights marital statusThe 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…)

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