Costs & Human Rights Matters

As discussed in a prior post, the issue of legal costs can be an important factor in deciding whether to pursue or settle a civil claim arising from the termination of employment or other employment issues. The origin of this question stems from the default setting in civil cases that the losing party will be […]

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Sexual Addiction and Disability in Employment Law

The basis of establishing a disability clearly may include physical and/or emotional issues. The definition of what may or may not be considered a disability in an employment context is ever-evolving within Canadian employment law. Basics of the Theory One recent case out of Nova Scotia considered whether a person claiming an addiction to sex […]

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Employer Liability for Workplace Human Rights Violations

The General Rule Ontario’s Human Rights Code makes the employer liable for workplace human rights abuse for most of the human rights protected by the legislation[1]. The dramatic exception is sexual harassment. The Exceptions to the Exception Who is in Charge This being said, the employer may still be responsible for a sexual harassment case […]

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Mental Disability & Human Rights

The Basics Employers in Ontario are required to take reasonable steps to accommodate a disability, including a mental disability. This is often a difficult task for the employer as the obligation is indeed a strict one which must be provided unless there is “undue hardship” preventing this. Recent Case A court in Saskatchewan recently reviewed […]

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