Further Clarification On The "With Respect To Employment" Threshold Under Ontario's Human Rights Code

In many human rights applications alleging discrimination with respect to employment, the Human Rights Tribunal of Ontario ("HRTO") may proceed directly to a consideration of the evidence and an analysis of the allegations.  In these cases, the existence of an employment relationship between the parties is clear.  Where, however, the precise nature of the relationship between the parties is unique, complex or otherwise unclear, the question of whether Ontario's Human Rights Code (the "Code") is applicable to the relationship becomes a significant issue that is not always easily determined.  Di Muccio v. Newmarket (Town), 2016 HRTO 406 ("Di Muccio") helps clarify the judicial principles and analysis that must be undertaken at a preliminary stage when ascertaining the applicability of the Code.