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Jun 22, 2017

By Andrew Cogswell

Supreme Court Upholds Employee Termination and Substance Abuse Disclosure Policy

Employee drug use and on the job intoxication is one of the most difficult issues for employers to tackle, fraught with liability landmines.  ...

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Jun 15, 2017

By Mike MacLellan

Heads Up! Quebec Court Rules that Sikh Workers’ Human Rights were Not Violated by Mandatory Hard Hat Policy

Quebec Superior Court Justice André Prévost recently dismissed a claim by three Sikh men against their respective employers for refus...

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May 25, 2017

By Brian Silva

When Can an Employer Ask For A Second Medical Opinion When Accommodating A Disability? Ontario’s Divisional Court Weighs In

By now we all know that an employer has a duty to accommodate an employee with a disability to the point of undue hardship. However, we also know t...

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Oct 6, 2016

By Andrew Cogswell

The Family Status Debate Continues - Ontario Human Rights Tribunal Proposes New Test

The Ontario Human Rights Tribunal has crafted yet another plot twist in the evolving legal test for family status discrimination. Over the past few...

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Sep 8, 2016

By Kelsey Orth

“Too Much” is Never Enough when Dignity Injured: B.C. Human Rights Tribunal’s Ground-breaking Award Restored by Court of Appeal

You may recall that CCPartners wrote in November of last year about a case making its way through the judicial review process in British Columbia.&...

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Aug 11, 2016

By Susan Crawford

Tribunal Finds Employee Failed to Meet Onus of Demonstrating Firing was Discriminatory

  A recent Ontario Human Rights Tribunal decision confirms that not every complaint of discrimination will find a sympathetic ear at the Trib...

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Jul 28, 2016

By Shreya Patel

Arbitrator Finds that Grievor’s Subjective Perception of Supervisor’s Conduct NOT Harassment

What is harassment?  Is it excluding employees from speaking at a meeting, criticizing for chewing gum and not saying good morning? Or does i...

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Jun 23, 2016

By Susan Crawford

Employee Reinstated with Nine Years Back Pay by Human Rights Tribunal Wins at Ontario Court of Appeal

CCPartners has previously blogged about the controversial and precedent-setting Tribunal decision in Fair v. Hamilton Wentworth District School Boa...

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May 26, 2016

By Brian Silva

Human Rights Panel Allows Employee to Take Entire Summer off Work to Care for Child with Disability

In a recent human rights decision, the Northwest Territories Human Rights Adjudication Panel (the “Panel”) pushed the boundary of what ...

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May 5, 2016

By Angela Wiggins

Proceed with Caution! Decision recognizing miscarriage as a disability provides guidance to employers on disability claims

Disability has long been a protected ground under the Ontario Human Rights Code, which requires employers to accommodate employees with a disabilit...

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Mar 10, 2016

By Mike MacLellan

In the Spirit of Partnership: Human Rights Tribunal Extends Protection to Law Firm’s Equity Partner

The Supreme Court of Canada already decided that an equity partner of a law firm in British Columbia was not entitled to protection under that pr...

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Feb 25, 2016

By Angela Wiggins

A Cautionary Tale of the Extent of the Duty to Accommodate when Employees Make Bad Work Neighbours

A recent case heard by the Public Service Labour Relations Board provided a reminder to employers that the duty to accommodate is not always sati...

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Nov 26, 2015

By Brian Silva

That’s Just Too Much! B.C.’s Supreme Court Finds Human Rights Tribunal’s $75,000 Damage Award to be “Patently Unreasonable”

British Columbia’s Supreme Court recently overturned a damage award in one of the most noteworthy Human Rights decisions of 2014. In tha...

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Oct 29, 2015

By Mike MacLellan

Court Just Says “No”: Employer did not Discriminate when it Terminated Employee Addicted to Cocaine

Recent case law has reflected changing attitudes toward and evolving understanding of drug dependence in the workplace.  For examples, drug de...

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May 21, 2015

By Brian Silva

Employers’ Duty to Accommodate does not Include Turning Away Customers

By now we all know that an employer in Ontario has a duty to accommodate an employee with a disability, so long as the accommodation does not cause...

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May 7, 2015

Federal Court of Appeal Says Employers Can Reasonably Request Better Medical Information Where Health and Safety of Worker a Factor

In Donaldson v Western Grain By-Products Storage Ltd. 2015 FCA 62, the Federal Court of Appeal ruled that it is reasonable to request a more specif...

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Apr 30, 2015

By Mike MacLellan

A Primer on Human Rights Responses: Information You Hope You’ll Never Need

A number of our Firm’s recent blogs have painted a picture of what consequences arise when an employer is found to have violated the Human Ri...

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Apr 23, 2015

$25K Awarded Against Restaurant Owner who Prevented Employee from Serving Employee’s Mother Because of Service Animal

On November 4, 2014, the Ontario Human Rights Tribunal (“Tribunal”) found that a restaurant owner discriminated against a customer (CC)...

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