The Curious Case(s) of Sexual Harrassment in Ontario Workplaces November 16, 2015 Richa Sandill When it rears its ugly head, sexual harassment can manifest itself in a number of different ways – something that a court decision from south of the border involving odd factual circumstances indicated recently.
The Right Time for Constitutional Challenges: Recent Cases October 30, 2015 Morgana Kellythorne A court may decline to hear constitutional issues raised for the first time on appeal or raised in the wrong way. While a court may exercise its discretion to overlook procedural missteps, it is risky to rely on such an exercise of discretion. It continues to be important to consider any potential constitutional arguments early on and identify the appropriate forum in which to raise them. Three recent cases illustrate the issue.
HRTO Confirms Single Comments Rarely Qualify as Harassment October 30, 2015 Kathryn Bird Case comment on Pereria v. Humber River Hospital (2015 HRTO 1340).
Damages in Lieu of Reinstatement in the Human Rights Context in Ontario October 30, 2015 Wade Poziomka This brief paper explores damages in lieu of reinstatement in the context of the Human Rights Tribunal of Ontario. The Tribunal has never ordered these damages previously, and the failure to award damages in lieu of reinstatement where an employment relationship is not viable compounds the harm experienced by victims of discrimination. This is particular so where the relationship has broken down through no fault of the applicant.
Welcome from the Chair October 30, 2015 Ranjan Agarwal An introductory note from the 2015/2016 CCLHR Section Chair, Ranjan Agarwal, welcoming all members to this year's OBA session and outlining what to look forward to in our section.
Human Rights Cases of Note in Ontario June 10, 2015 Geri Sanson Geri Sanson outlines the biggest human rights cases of note in 2014-2015.
The HRTO Refuses to Order Prospective Future Lost Wages: The End of “Make Whole” Remedial Principles? May 19, 2015 Wade Poziomka Why are applicants overlooking the possible remedy of prospective future lost wages? This article takes a look at recent HRTO decisions that shed some light on the availability - or lack thereof - of this potentially useful remedial device for discrimination cases.
Ontario Superior Court Awards Damages for Family Status Discrimination April 30, 2015 Ranjan Agarwal A discussion of the new emerging test for family status discrimination - and the related potential for damages - in Ontario.
Carter v. Canada (AG): Prohibition against Physician-Assisted Dying Declared Unconstitutional March 19, 2015 Pierre-Alexandre Henri Twenty-one years after Rodriguez v. British Columbia (AG), the Supreme Court revisited the issue in Carter v. Canada (AG). Henri briefly discusses the Court’s conclusions with respect to s. 7 and s. 1 of the Charter, and the remedy.
The Ontario Licence Appeal Tribunal Issues Four Decisions Dealing with the AODA February 24, 2015 Karen Jensen A look at four key decisions affecting the law on accessibility for Ontarians with disabilities.