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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…)

Does the Tribunal have the power to deal with allegations of “unfairness” at work?

employement-law-toronto-kevin-sambranoWhether or not the Human Rights Tribunal of Ontario has the power to deal with general allegations of unfairness in the workplace was recently revisited in Murray v. YouthLink.

The matter

On September 25, 2014 the applicant filed an application with the Human Rights Tribunal of Ontario (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…)

The cost of racial stereotyping: Adams v. Knoll North America

Human Rights Sambrano LegalThe applicant, Colin Adams who identifies as Black, worked as a machine operator at Knoll North America Corp. (“Knoll”) for 9 years. Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. (more…)

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