Human Rights

What's New in HR Law
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Mandatory Retirement for Firefighters at Age 60 Upheld by the Ontario Human Rights Tribunal
Espey and Ontario Human Rights Commission v. City of London and London Professional Fire Fighters’ Association, 2008 HRTO 412

Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee due to a Pardoned Criminal Offence?

Supreme Court of Canada Revisits the Limits of the Duty to Accommodate
Hydro-Québec v. Syndicat des employé-e-s de technique professionnelles et de bureau d’ Hydro-Québec, section locale 2000 (SCFP-FTQ), 2008 SCC 43 (CanLII)

A New Era: Ontario's Reformed Human Rights System is in Effect

Revelations in Accommodation

Employee Obligations in the Accommodation Process
Ivaco Rolling Mills (2004) LP and United Steelworkers of America, Local 7940 (McLennan) and Canada Post Corporation and Canadian Union of Postal Workers (Ali Uzman)

Exploring the Parameters of the Duty to Accommodate
Lafrance v. Treasury Board (Statistics Canada) and Ideal Roofing Co. v. United Steel Workers

Supreme Court of Canada Finds Automatic Termination Clauses Not Necessarily Discriminatory
McGill University Health Centre (Montreal General Hospital) v. Syndicat des employés de L’Hôpital général de Montréal (January 26, 2007) (S.C.C.)

Arbitrator Finds an Employer has No Duty to Accommodate an Intoxicated Employee Who Might Suffer a Disability
Amcan Castings v. United Steelworkers of America, Local 4153, [2006] O.L.A.A. No. 363 (M.L. Tims)

Ontario Arbitrator Finds an Isolated Racial Slur Constitutes Harassment in Violation of the Human Rights Code
Pretressed Systems Inc. v. Labourers’ International Union of North America, Local 625 (Venosa Grievance) (September 16, 2005) (Snow)

Retirement Date for Mandatory Retirement Set for December 2006

Ontario Superior Court of Justice Determines That Plaintiff Cannot Allege Discrimination Motivated Dismissal Where Dismissed Without Cause
Reid v. Doubleclick Email Canada Inc., 2005 CarswellOnt 147 (S.C.J.)

Ontario Court Rules That Effect, Not Motivation, Is The Test For Discrimination
Smith v. Ontario (Human Rights Commission), [2005] O.J. No. 377 (S.C.J. (Div. Ct.))

Ontario Court of Appeal Upholds Human Rights Tribunal's Authority to Expand Original Orders to Impose Stronger Remedies
Ontario (Ministry of Correctional Services) v. Ontario Human Rights Commission, [2004] O.J. No. 5051 (O.C.A.)

Which decision-maker has jurisdiction in a human rights "turf war": The Human Rights Tribunal or the Labour Arbitrator?
Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Quebec (Attorney General), [2004] S.C.J. No.34 (QL). (and its companion case, Quebec (Attorney General) v. Quebec (Human Rights Tribunal), [2004] S.C.J. No.35 (QL))

The Ontario Human Rights Code's Marital And Family Status Protections Relate Not Only To Being Part Of A General Group Of Married Persons Or Family Members, But Also Extend To The Individual Identity Of One's Spouse Or Family Members
B. v. Ontario Human Rights Commission, unreported, dated November 14, 2000 (Ont. C.A., Docket: C32910)

Supreme Court of Canada Issues Decision on Section 7 Argument in Human Rights Complaint
Blencoe v. British Columbia (Human Rights Commission)
[2000] S.C.J. No. 43 (October 5, 2000)

Union Liable For Discrimination in Discouraging Woman From Applying for Position
Oster v. International Longshoremen's and Warehousemen's Union, Local 400
[2000] C.H.R.D. No. 3 (C.H.R.T.)

Court of Appeal Finds Employer Took Reasonable Steps to Accommodate Religious Obligations Through Scheduling Changes
Ontario (Ministry of Community & Social Services) v. Grievance Settlement Board
[2000], O.J. No. 3411 (Ont. C.A.)

Federal Court of Appeal Confirms "Reasonable Woman" Test for Sexual Harassment
Stadnyk v. Canada (Employment and Immigration Commission)
[2000] F.C.J. No. 1225 (F.C.A.P.)

Court Orders Registrar of Human Rights Commission to Submit to Examination Regarding Commission Decision
Payne and Ontario Human Rights Commission
An Unreported Decision of the Ontario Court of Appeal in a Matter Heard on September 8, 1999

Quebec Human Rights Legislation Prohibits Discrimination Based on Subjective Perception of Disability
Quebec v. Montreal
2000 S.C.C. 27

Arbitrator Applies Orillia Soldiers Memorial Hospital: Concludes Topping Up of Vacation Pay for Employees on Workers' Compensation Benefits Not Necessary
Waterloo Furniture Components and U.S.A., Local 7155
(2000), 88 L.A.C. (4th) 75 (Baum)

Human Rights Board of Inquiry Does Not Lose It's Jurisdiction to Continue Hearing a Complaint When the Human Rights Commission Withdraws From the Complaint
McKenzie Forest Products Inc. v. Ontario (Human Rights Commission)
(2000), 48 O.R. (3rd) 160 (Ont. C.A.)

Court of Appeal Finally Issues Long-Awaited Drug Testing Decision
Entrop v. Imperial Oil Limited
Unreported Decision of the Ontario Court of Appeal dated July 21, 2000

B.C. Arbitrator finds that Smoking is a Disability under Human Rights Legislation
Cominco Ltd. v. United Steelworkers of America, Local 9705, an unreported decision of Arbitrator Larson, dated February 29, 2000

British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights) - Supreme Court of Canada Applies Its Test From Meiorin

Meiorin: A New Test in the Face of Prima Facie Discrimination
British Columbia (Public Service Employees Relations Commission) v. BCGSEU, [1999] S.C.J. No. 46

Faith Constituted a Bona Fide Occupational Requirement for Employment
Schroen v. Steinbach Bible College Manitoba Human Rights Commission, D.R. Knight, Q.C., Board of Adjudication, July 6, 1999

In Compensation Discrimination Permissible for Employees Absent From Work Due to Disability?
Orillia Soldiers Memorial Hospital et al v. O.N.A. (unreported January 12, 1999) Ont. C.A. (Doherty, Laskin and Rosenberg J.J.A.)

Drug Testing and the Federal Canadian Human Rights Act
Canada (Canadian Human Rights Commission) v. Toronto Dominion Bank (re Canadian Civil Liberties Assn.), [1998] F.C.J. No. 1036 (July 23, 1998) (Fed. C.A.)