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Aug 22, 2019

By Jacob Love

Fighting Fire with Favour: accommodation efforts for pregnant firefighter did not discriminate on the basis of sex or family status

In Ajax (Town) v Ajax Professional Fire Fighters' Assn, Local 1092 (Badame Grievance), [2019] OLAA No 238  the grievor was a pregnant firefigh...

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Jul 25, 2019

By Angela Wiggins

You Can’t Always Get What You Want – HRTO Confirms that Accommodation does not have to be Employee’s Preferred Accommodation

Employers are well aware of the significant obligation imposed by the duty to accommodate under the Ontario Human Rights Code. In a recent decision...

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Jul 18, 2019

By Susan Crawford

A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.

In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of co...

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Jul 11, 2019

By Mike MacLellan

The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing “Test”

Employers have a responsibility to accommodate employees’ family status obligations up to a point of undue hardship.  The Human Rights T...

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Jul 4, 2019

By Kelsey Orth

THE FRUSTRATION OF ACCOMMODATION GETS A BIT OF CLARITY: FRUSTRATION OF CONTRACT RESOLVED BY WAY OF SUMMARY JUDGMENT, EMPLOYER VINDICATED

A welcome decision for employers recently came to light as the Ontario Divisional Court in Katz et al. v. Clarke, 2019 ONSC 2188 ruled that frustra...

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May 2, 2019

By Kelsey Orth

NOT EVERYONE WANTS THE LATEST TECHNOLOGY IN THEIR VEHICLE? TOO BAD, SAYS ARBITRATOR IN JUSTIFYING IN-CAB EMPLOYEE MONITORING SYSTEM

Today’s workplace has an interesting dynamic when it comes to technology and employees: while employees generally want access to all the tech...

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Apr 25, 2019

By Angela Wiggins

Tread Lightly: Employers are Reminded of Risks in Relying on Assumptions in Accommodation Cases

Employers are well aware of the duty to accommodate under the Ontario Human Rights Code (“OHRC”), and any employer who has been involve...

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Apr 18, 2019

By Cristina Tomaino

Employer’s Decision to Refuse Employment to Medicinal Marijuana User Upheld on Judicial Review

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of m...

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Mar 21, 2019

By Cristina Tomaino

Court of Appeal Rules No Freestanding Tort of Harassment in Ontario

Back in 2017, we blogged about Merrifield v. the Attorney General (“Merrifield”), a decision where the Superior Court of Justice recogn...

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Mar 14, 2019

By Angela Wiggins

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 w...

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Feb 21, 2019

By Kelsey Orth

Would Casey Jones get a Second Chance Today? Arbitrator Reinstates Locomotive Engineer After Incident Involving Alcohol on Duty

As many employers know, the accommodation process is far from simple.  Then, when you put the duty to accommodate in the context of discipli...

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Oct 25, 2018

By Angela Wiggins

Clearing the Smoke: Bill 36 and OHRC Policy Statement provide further direction on managing legalized cannabis

When October 17, 2018 rolled around many employers were still questioning what the rules were around legalized marijuana. A week after the fact, th...

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Aug 2, 2018

By Cristina Tomaino

Tribunal Cautions Employers Against “Citizenship” Discrimination in Hiring

A recent interim decision from the Human Rights Tribunal of Ontario (the “Tribunal”) is an important caution for employers who distingu...

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Jul 26, 2018

By Kelsey Orth

SOMETIMES A FULL AND FINAL RELEASE IS JUST THAT: MANITOBA HUMAN RIGHTS COMMISSION DENIES COMPLAINT ON BASIS OF SIGNED RELEASE

You have read in this space about recent cases where the language and enforceability of an executed Release has been called into question, includin...

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May 24, 2018

By Angela Wiggins

BREAKING NEWS: Section 25(2.1) of the Ontario Human Rights Code Unconstitutional says Tribunal! Right to Terminate Group Benefits at 65 Successfully Challenged

Are you an employer with a benefit plan that terminates for workers who are 65 and older? If yes, you should be taking note of the Human Rights Tri...

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May 7, 2018

By Susan Crawford

Tribunal Shows “Zero Tolerance” to Employee Fired for Smoking Medical Marijuana on 37th Floor Swing Stage

With the impending legalization of marijuana and a rise in the number of people using medical marijuana to treat any number of ailments, employers ...

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Mar 1, 2018

By Kelsey Orth

Supreme Court of Canada Affirms that Employers have a Distinct Obligation to Consider the Duty to Accommodate Separate from Other Legislative Requirements

Last month the Supreme Court of Canada released its decision in the case of Quebec (Commission des normes, de l’équité, de la...

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Jan 4, 2018

2017 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

With major legislative amendments made to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act, Workplace Safety ...

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Dec 28, 2017

Employees May Bring Discrimination Complaints Against the Employees of a Different Employer, says Canada’s Highest Court

In a recent decision, Canada’s highest court reminded employers that human rights legislation is to be interpreted very broadly. So broadly, ...

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