Human Rights by Civil Action

The Basic Rule Ontario law allows for two methods of presenting a human rights complaint. The first is to present the case before the Human Rights Tribunal and the second is to sue for the human rights remedy in civil court. To take this latter step, there must be a “companion” claim then commenced as […]

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More on Workers’ Compensation & Mental Distress Claims

As discussed in a recent post, amendments to Ontario’s workers’ compensation laws now allow for claims for workers’ compensation benefits based on claims for mental distress. This is having a severe impact on civil claims in which the employee has asserted “unfair conduct” leading to claims for aggravated damages due to emotional distress. There, are, […]

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Can Benefits be Automatically Denied to Employees Over 65?

A recent Human Rights Tribunal decision will have a significant impact on the rights of older workers. The case involved a school teacher who received health, dental and life insurance benefits from his employer, the Grand Erie District School Board. The employer then terminated these benefits once the teacher reached the age of 65. The […]

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Human Rights Tribunal Decides Remedy in “Citizenship” Case

In a prior posting, we discussed the “liability” or fault decision of the Human Rights Tribunal in an unusual and dramatic case. That decision found that the employer had acted in a manner contrary to the Human Rights Code when it required that all new hires be eligible to work in Canada on a permanent […]

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