Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 APRIL 2021

OHRT Releases Important Decision On Family Status Discrimination

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

In Kovintharajah v Paragon Linen & Laundry Services Inc., the Human Rights Tribunal of Ontario (the "Tribunal") provided clarity on the test for family status discrimination and awarded one of the highest...

CanadaEmployment and HR
Catherine Phelps
Catherine Phelps
Author LinkedIn connections

In Kovintharajah v Paragon Linen & Laundry Services Inc.,1 the Human Rights Tribunal of Ontario (the "Tribunal") provided clarity on the test for family status discrimination and awarded one of the highest ever damages awards for this class of discrimination. This decision offers important insight to employers on how to navigate family status accommodation.

The Facts

The applicant worked as a machine operator at the respondent's commercial laundry facility. The applicant and his wife had three young children aged 6, 4 and 2, and also lived with his wife's elderly parents. The applicant's in-laws had significant health and mobility issues and were not able to care for the children for more than a few minutes at a time. As a result, either the applicant or his wife had to be at home almost all the time.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Bill C-39: A New Framework For Federal Collective Labour Relations

Bill C-39, the Building Canada Strong Act, proposes significant amendments to the Canada Labour Code that will reshape collective bargaining timelines, ministerial intervention powers, and union certification processes for federally regulated employers. The legislation introduces new conditions for government intervention in labour disputes, accelerates bargaining deadlines for certain collective agreements, and expands obligations for airport service providers.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
Article

A Matter Of Interpretation: Termination Clause Prevails Under The Canada Labour Code

The Ontario Superior Court of Justice has applied the Baker v. Van Dolder's Home Team framework to uphold a termination clause under the Canada Labour Code, rejecting a plaintiff's claim for common law reasonable notice. This decision demonstrates how courts will now interpret employment agreements by examining the parties' objective intentions rather than conducting technical word-by-word analysis of contractual provisions.
CanadaEmployment and HR
McMillan LLP
McMillan LLP
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Canadian Income Tax Source Deductions And Payroll Taxes: What Every Foreign Employer Needs To Know

Foreign companies hiring Canadian employees or allowing remote work from Canada face immediate payroll obligations that begin the moment employment duties are performed on Canadian soil. Understanding income tax source deductions, CPP and EI premiums, provincial payroll taxes, and director liability rules is essential for compliance, regardless of whether the employer maintains a physical Canadian presence.
CanadaTax
Miller Thomson
Miller Thomson
Article

Quebec’s Bill 24: New Consent Requirements For AI Generated Advertising And The Legal Risks Business Cannot Afford To Ignore

Quebec's new Bill 24 prohibits businesses from using a person's identity or image in consumer advertising without consent, creating significant compliance obligations for companies using AI-generated content, synthetic voices, and digitally altered spokespersons. The legislation introduces broad enforcement powers and extends liability beyond content creators to platforms that distribute or facilitate unauthorized representations.
CanadaConsumer Protection
Miller Thomson
Miller Thomson