Section 45.1 of the Ontario Human Rights Code (the “Code”) permits the Human Rights Tribunal of Ontario (“HRTO”) to dismiss all or part of an application where “another proceeding has appropriately dealt with the substance of the application.” In Ontario (Community Safety and Correctional Services) v De Lottinville, 2015 ONSC 3085, the Ontario Divisional Court considered the
The Little Buddies Preschool Centre recently learned some valuable lessons about how human rights laws work in Ontario. Amber Lougheed had worked for Little Buddies as an Early Childhood Educator for just over a year when she learned that she was pregnant with her second child. Ms. Lougheed was a single mother and so had
In June 2012, the Ontario legislature passed Bill 33, also known as Toby’s Act, adding the grounds of gender identity and gender expression to the Ontario Human Rights Code(“Code”). Since then, numerous other Canadian jurisdictions – i.e. the Northwest Territories, Manitoba, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador – also explicitly reference gender
As workplaces become increasingly diverse, claims of “conflicting rights” appear to be on the rise as well. Often when there is a conflict of rights, one of the conflicting claims is grounded in creed – where an employee raises a religious objection to performing a particular job-related function. For example, many people recall the 2012
We often hear from clients and participants in our training courses that they have difficulty determining whether discrimination has occurred at the conclusion of their investigations. A recent decision of the Human Rights Tribunal of Ontario succinctly articulates the test for discrimination and demonstrates its application. In Pieters v. Toronto Police Services Board (2014 HRTO
When I’m conducting training sessions on human rights and respect at work, I predictably talk about how people can be found liable for breaching the Human Rights Code even if they didn’t intend to offend. Someone will usually then ask whether that means that anyone can complain about behaviour that they find offensive, even if
In a case reported by the CBC last week, a Yellowknife woman said that she was distraught after a detailed report about her mental health was released to her employer. The woman has a mental illness and agreed to a psychiatric assessment because she was seeking various workplace accommodations. She says that she never agreed
In speaking to employers, and particularly to human resources professionals, I often hear how challenging they find it to accommodate their employees’ needs as they relate to creed, both because of the sensitive nature of discussions around religion and the uniqueness of each employee’s genuinely held beliefs. A recent decision by the Ontario Superior Court
