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  • Article

    Record Keeping And Its Importance For Employers And Employees

    A recent decision from the Human Rights Tribunal of Ontario (HRTO) has clarified that there is no obligation on employers under the Ontario Human Rights Code (the "Code")...
    CanadaEmployment and HR
    Simes Law
    Simes Law
  • Article

    Time To Re-Think Accommodation Lists? WSIB Injuries Can Be Given Preferential Treatment

    The Ontario Divisional Court has upheld the Ontario Human Rights Tribunal decision of Carter v. Chrysler Canada Inc. which found that an employer was permitted to have preferential treatment
    CanadaEmployment and HR
    CCPartners
    CCPartners
Article

Welcome To Our Place Of Business; Please Come Back Later!

Recently, the HRTO held that an employer’s duty to accommodate does not require an employer to permit its store manager to tell customers to go away and come back later when another person could assist them with their purchases.
CanadaEmployment and HR
Stikeman Elliott LLP
Stikeman Elliott LLP
  • Article

    Who Is An "Employee" Under The British Columbia Human Rights Code?

    The Supreme Court of Canada has provided some important guidance regarding who qualifies as an "employee" under the British Columbia Human Rights Code.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    New Ministerial Panel For Trans Mountain Pipeline

    The mandate for the panel is clear that its work is not a substitute for ongoing federal consultation and sets a deadline of November 1, 2016 for delivery of its report, which will be made public.
    CanadaEnergy and Natural Resources
    Miller Titerle + Company
    Miller Titerle + Company
  • Article

    Supreme Court Of Canada To Hear Fracking Case On Regulator Immunity

    On April 30, 2015 the Supreme Court of Canada granted leave to appeal with costs to Jessica Ernst for her claim against Alberta Energy Regulator.
    CanadaEnergy and Natural Resources
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    A Doctor's Dilemma: Doctor's Rights And Physician-Assisted-Suicide In Canada

    Not unlike the debate currently going on before the Supreme Court of Canada surrounding physician assisted suicide, we have seen and heard public outcry and resistance to changes in laws governing social and moral issues before.
    CanadaFood, Drugs, Healthcare, Life Sciences
    TTL Health Law
    TTL Health Law
  • Article

    Inability To Measure Cannabis Impairment Justifies Zero-Tolerance Policy

    The inability to measure and mitigate impairment from medical cannabis means employers can avoid accommodation requests from employees, according to the Newfoundland and Labrador Supreme Court in IBEW
    CanadaFood, Drugs, Healthcare, Life Sciences
    Bennett Jones LLP
    Bennett Jones LLP
  • Podcast

    A Vote To Have A Vote: Alberta's Referendum Explained (Podcast)

    Albertans are voting on whether to initiate the legal process toward a binding referendum that could fundamentally reshape the province's relationship with Canada. This episode examines the constitutional, legal, and political dimensions of what may be the most consequential question facing Canadian federalism today. The discussion explores the procedural requirements, legal frameworks, and potential implications of Alberta pursuing greater autonomy or independence.
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Backlogs At The BC Human Rights Tribunal And Applications To Dismiss Complaints—A Strategy Update From The BCHRT

    The delay of complaint resolution and limitation on the available processes for determining complaints will continue. If you are a respondent waiting on the outcome of an application to dismiss...
    CanadaGovernment, Public Sector
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Canada Establishes Ombudsperson To Investigate Allegations Of Human Rights Abuses By Canadian Corporations Abroad

    The CORE's mandate will initially focus on the mining, oil and gas and garment sectors, but may expand to other sectors in the future.
    CanadaGovernment, Public Sector
    Torys
    Torys
  • Article

    Complaint Issued On Officer Caught On Video Making False HIV/AIDS Comment

    Yesterday we released a post addressing a recent incident with Toronto Police and an innocent bystander, who decided to record the police while they were apprehending a suspect near Ryerson University earlier in the week.
    CanadaGovernment, Public Sector
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Federal Hate Speech Prohibition Has Nine Lives

    On January 31, 2014, the Federal Court of Appeal held in Lemire v Canadian Human Rights Commission that the hate speech prohibition in the Canadian Human Rights Act is constitutional.
    CanadaGovernment, Public Sector
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Human Rights Commission To Examine Racial Profiling By Toronto Police

    The Toronto Police Service is now being examined by the Ontario Human Rights Commission (OHRC).
    CanadaGovernment, Public Sector
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Human Rights Complaint On "Chief Wahoo" (Cleveland Indians) Logo To Proceed – Update On Law Of Controversial Sports Logos

    In October 2016, hours before a championship series game between the Cleveland Indians and the Toronto Blue Jays, Douglas Cardinal, an Anishnaabe elder, commenced an application at the Human Rights Tribunal of Ontario, ...
    CanadaGovernment, Public Sector
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    I've Been Arrested, Do I Have The Right To Talk To A Lawyer?

    The answer to this question is undoubtedly, yes. The right to legal counsel upon arrest is a fundamental right in Canada and if you find yourself in such a situation you should always request to speak with a lawyer in the first instance.
    CanadaGovernment, Public Sector
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Lessons From The Conflict Of Interest Decision Of The Integrity Commissioner

    On March 5, 2020, the Integrity Commissioner, the Honourable J. David Wake, made a conflict of interest determination about the recent appointment to the Ontario Human Rights Commission (OHRC)...
    CanadaGovernment, Public Sector
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    New Prohibited Grounds Of Discrimination May Be Added To Ontario's Human Rights Code

    The Human Rights Code Amendment Act, 2017 ("Bill 164") was introduced to the Ontario Legislature and passed First Reading on October 4, 2017.
    CanadaGovernment, Public Sector
    Cassels
    Cassels
  • Article

    Ontario Court Upholds HRT's Finding That It Has Concurrent Jurisdiction With Labour Arbitrators Over Complaints By Unionized Employees Post-Horrocks

    London District Catholic School Board v. Weilgosh, [2024] O.J. No. 1127, Ontario Superior Court of Justice, March 13, 2024, N.L. Backhouse, G.W. King and J. Krawchenko JJ.
    CanadaGovernment, Public Sector
    Harper Grey LLP
    Harper Grey LLP
  • Article

    Ontario Human Rights Commission Issues Rare Clarification Of New Policy On Creed

    On February 25, 2016, the Commission published a public statement on its website affirming that the new policy does not actually recognize ethical veganism as a creed.
    CanadaGovernment, Public Sector
    Cassels
    Cassels
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