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ARTICLE · 29 JANUARY 2014

Violation Of Human Rights May Now Yield Additional Remedies In Abuse Cases

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ntario’s human rights legislation underwent various amendments in 2008. For the first time, a court deciding a civil lawsuit was allowed to order remedies for violation of human rights protected under the Human Rights Code.

CanadaLitigation, Mediation & Arbitration
Elizabeth Grace
Elizabeth Grace
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Ontario's human rights legislation underwent various amendments in 2008.  For the first time, a court deciding a civil lawsuit was allowed to order remedies for violation of human rights protected under the Human Rights Code.  In other words, it was and is no longer just the Human Rights Tribunal of Ontario (the specialized body that decides human rights applications in Ontario) that can order a remedy for a human rights violation.  Courts are now empowered to do so as well.  Section 46.1 of the Human Rights Code allows a court in a civil proceeding to order either monetary compensation or a non-monetary form of restitution for loss arising from a violation of a person's human rights.  The only restriction is that the court case cannot be based only on a human rights violation – it must involve additional wrongful conduct.

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