ontario human rights cases 2019

Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. the HRTO properly exercised its remedial discretion, canvassed the range of damages in the case law, and applied the relevant legal principles in awarding $30,000; the HRTO reasonably applied the case law in finding the sexualized comments and conduct created a poisoned work environment; the HRTO reasonably found Ms. Qiu suffered reprisal for objecting to the toxic environment by being fired; and, the HRTO’s analysis, credibility assessments and factual findings were made independently and impartially and there was no bias, the application for judicial review be dismissed; and. The next day, when she saw him in the hallway, he glared at her then slammed his office door closed. the employer to pay $75,000 in general damages to G.M. Human rights values cannot be overridden by business expediency alone. Because of this provision, Ms. Gibbs’ insurance benefits were terminated in March 1990. After initially agreeing to her request as per her doctor’s advice, the restaurant told Ms. Jaques that “it was not possible” to have her work only on the ground floor. On September 4, 2014, A.M. contacted the police to complain about Mr. Kellock’s behaviour. Significant tax advantages flow from registration under the ITA. Di Donato testified at the Tribunal that it was “easier” to hire Italians and justified his comments by adding “When Italians see a cheese grater, they know what it is.”, Valle testified that “she had come to Canada to build her life and career and lost that opportunity.”, “Marisa refused to simply walk away,” commented Emily Shepard, Valle’s lawyer from the Human Rights Legal Support Centre. Ms. Mannen’s pregnancy was a factor in Dr. Spolia’s decision to terminate her employment; that there was no credible explanation for the sudden decision to advertise and hire a new dental assistant and the hiring of a new dental indicated that Dr. Spolia had decided to terminate Ms. Mannen’s employment; and. Neither Ms. Sehdev nor her legal representative attended at the summary hearing and her applications against her employer and her association were deemed abandoned and dismissed. both pre-judgment interest and post-judgment interest on the award. - distribute the new policy to all of its employees; and They quit because of his unwelcome, sexual behaviour and because there was no protection from him.”. Following a non-workplace related injury, a cashier at a coffee shop was cleared to return to work with modified hours and duties. On June 29, 2019, the Human Rights Tribunal of Ontario (the “ HRTO ”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. The Board of Inquiry which originally heard Michael Bates' complaint concluded that Mr. Bates was discriminated against because the insurer could not establish that not using the rates based on discriminatory criteria would undermine the essence of the business. that there was real question as to whether Ms. Sehdev had received effective notice of any summary hearing involving her allegations in her application against her employer; that it was reasonable for Ms. Sehdev to understand the HRTO summary hearing was to deal only with her allegations against her association and would not have understood that any non-attendance by  her at the summary hearing could also lead to a deemed dismissal of the allegations in her application against her employer; and. profiling) should not be dismissed simply because the person had already had an OIPRD complaint dismissed. The following are a selection of decisions from the Human Rights Tribunals in BC and Ontario that were rendered during the month of July, 2019. The Court also rejects this argument. Board Inq.)>. The Board of Inquiry concludes that the equality guarantees in s. 15 of the Charter are contravened by the opposite-sex definitions of spouse and marital status in the Code and related legislation regarding the employment benefits in question in these complaints. In addition, L'Heureux-Dubé finds that there was a reasonable alternative means available to the insurer. Briggs v. Durham Regional Police Services, 2015 HRTO 1712. argued there was no settlement because there was no agreement on all essential terms to the agreement, namely, that the parties did not reach agreement on the amount of monetary compensation, the inclusion of a non-disparagement clause; the language of the release and that J.L.’s counsel did not have authority to bind J.L. Upon graduation, he was eligible for a postgraduate work permit which allowed him to work for any employer in Canada. The majority finds that there was no practical alternative. The following day, the residence cancelled the applicant’s shifts for the foreseeable future, due to the allegations of assault the respondent made against her. E.T. The case centres on Alfred (Dewey) Pruden, who was 16 years old when his human rights complaint was heard last year. that the hearing would be reconvened to deal with the remedies at a time and date to be determined by the HRTO Registrar, unless the parties were able to reach agreement on this issue. Mr. Wesley had arrived for his first day of training with an interpreter, but the supervisor sent the interpreter home. First of all, to find that there is discrimination on the basis of disability it is not necessary to find that all disabled persons are mistreated equally. The Tribunal found the restaurant owners had retaliated against the three men after they questioned how they were treated, resulting in the loss of their employment. The HRTO considered all the evidence and found that, but for Imperial Oil’s discrimination by considering Mr. Haseeb’s permanent eligibility to work in Canada as a factor in its decision not to hire him, Mr. Haseeb would have been hired based on his top ranking in the job competition and the offer of employment that was actually made to him. Section 21 states that the prohibitions against discrimination are not infringed where a contract of automobile insurance differentiates on reasonable and bona fide grounds because of age, sex, marital status, family status or handicap. F.G. was a close family friend of the young woman’s parents, and agreed to supervise G.M. The respondent was in a position to confer or deny a benefit to the applicant and she was completely dependent on him with respect to the number of hours she would be scheduled for. Ms. Mannen immediately started looking for a new job and was able to find a new position by September 5, 2017. Imperial Oil to pay $3,997.54 as pre-judgment interest on the above amounts. the owner did not conduct a proper investigation, “was not neutral in her investigation” (she testified Faghihi’s colleague was “loveable” and “liked by everyone”) and “would not agree or acknowledge, during the hearing, that his comment was discriminatory.”. $20,000 compensation for the discrimination; $9,440 to the applicant for her wage losses; the restaurant to adopt a written policy for dealing with complaints of harassment and discrimination in the workplace, including a complaint procedure; and, the restaurant shall provide mandatory training to its employees, the employer to continue to schedule her on straight day shifts; and, clarified that the “order is effective immediately and remains in effect until: the Application is concluded by way of settlement or adjudication; the applicant advises the respondent that she has obtained childcare that enables her to return to the rotating shift schedule; or, further order of the Tribunal.”. She arranged a viewing with the landlord and they exchanged several texts and phone calls. It is also appropriate for it to consider the constitutionality of the other pieces of legislation which are directly linked to this complaint, including the PBA, the Municipal Act and the Municipality of Metropolitan Toronto Act. Ms. Sehdev then requested a second reconsideration at the HRTO, even though such second requests are rarely requested and more rarely granted. Eight yearslater, the Supreme Court of Canada… - develop new human rights policies The officer claimed that the applicant matched the initial description of a suspect in a robbery (a “tall Black man wearing a hoodie”) that had taken place a few minutes earlier at a convenience store several kilometres away. However, if it is open to the employer and employee to define the purpose of a benefit narrowly by reference to a target group, like alcoholics, as Sopinka J. suggests it would be in his judgment, the result may be to condone exclusion of many valid claims and permit de facto discrimination against others similarly disabled from other causes. The applicant cannot receive any remedy under the police complaint process; the only possible outcome if police misconduct is found to have occurred is discipline for the officer; The parties to a police complaint would not reasonably expect that a police complaint would preclude a human rights application; The police complaint process is an investigation process ultimately controlled by the Chief of Police. Permitting the police complaint process to pre-empt a human rights application would allow a chief of police “to become the judge of his own case.”. The ruling upholds the lower court decision. Tomlinson v. Runnymede Healthcare Centre, 2015 HRTO 4. The majority of the Supreme Court of Canada finds that Zurich Insurance did not discriminate against Michael Bates contrary to the Ontario Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex, and marital status. See Settlements at Mediation for examples of how the HRLSC negotiated changes to business practices to prevent discrimination from happening to someone else. It found that it can hear and decide a claim that a statutory benefits scheme had denied benefits on a discriminatory basis, even if the denial is contained in a decision of the other statutory body. They held that that a legal case alleging discrimination (e.g. You may find a decision that is about a factual situation that is similar to the facts in your human rights … Motion Record; Notice of Application – Christian Medical and Dental Society In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640. Austen v. Senior Tours Canada Inc., 2013 HRTO 1417. During their interaction with JKB, the officers placed her on her stomach and cuffed her at the wrists and ankles. In March 1995, the Ontario Divisional Court dismissed an appeal by the Ontario Human Rights Commission and Gary Thornton from the 1992 Board of Inquiry decision. Imperial Oil required graduate engineers to have permanent residency or Canadian citizenship and asked questions throughout the job application process about whether Mr. Haseeb was eligible to work in Canada on a permanent basis. Imperial Oil Limited, 2019 HRTO 271 (CanLII) by Andrew Monkhouse — Monkhouse Law Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the “ Code ”). to deliver the new policy within six months to Ms. Lugonia’s lawyer at the HRLSC. O.P.T. Mr. Haseeb was an international student on a visa at McGill University completing his engineering degree. The HRLSC represented Darryl Wesley, an Indigenous man who is gay and deaf. As she was nearing the apartment, the landlord asked her where she was from. 2019 Country Reports on Human Rights Practices: Canada Bureau of Democracy, Human Rights, and Labor. The HRLSC represented Mr. Ben Saad in his hearing at the Human Rights Tribunal of Ontario. After she became pregnant, on her doctor’s advice, Ms. Jaques advised her employer that it was medically inadvisable for her to go up and down the stairs to the second floor dining room. Last amendment: 2020, c. 11, Sched. Her teacher had recommended the business because two other students had done their co-op placements there. On July 17, 2017, Ms. Mannen was told to train another dental assistant who had just been hired. The Human Rights Tribunal of Ontario found the salon owner “made the applicants feel uncomfortable and constantly nervous about how far he might try to go with his sexual harassment, solicitations and advances. The absence of evidence of alternatives must not be confused with an absence of alternatives. The true character or under-lying rationale of the insurance plan was to provide income replacement for those unable to work because of disability, and consequently limiting benefits on the basis of mental disability are discriminatory. The Tribunal ordered the restaurant owners to: The HRLSC represented a woman who had been harassed at her workplace, a resort in Northern Ontario. A woman with multiple disabilities tried to book a trip with a tour company and had followed up to make several requests for accommodation. Having said that, the comments I have found were made by Mr. Seto were discriminatory when he referred to ‘you people’ and ‘your race,’ meaning people of the same race as the applicant, being ‘stupid.’, that Mr. Seto personally experienced discrimination in the construction industry, commenting, “While that may reflect Mr. Seto’s own personal approach to being subjected to racial comments [letting it go like water off a duck’s back], it does not reflect the law of this province and is not consistent with Mr. Seto’s responsibilities as an employer.”, financial compensation of $20,000 for the discrimination, In addition to gender-based discrimination, Trinh had been subjected to comments based on her origins when she was called a “stupid Vietnamese woman.”. entered into negotiations to settle the HRTO application. There is no rational connection between a desire to extend employment benefits to wives or women in general and an opposite-sex definition of "spouse". Such a result seems contrary to the purpose of human rights legislation, especially given the particular historical disadvantage facing mentally disabled persons. He anticipated that he would attain permanent residency status within three years. This means that a unionized employee’s workplace complaints must proceed by arbitration when an issue arises out of a claim that is covered by a collective agreement. The HRLSC represented her at a hearing before the Human Rights Tribunal of Ontario. There are various types of pension plans, but the federal Income Tax Act ("ITA") sets out the framework for registration of pension plans. Before we say anything further, it should probably be noted that neither KPA Lawyers nor any of our employees had anything to do with this case. J.L. The applicant was outside an LCBO store in Toronto when he was stopped by a police officer, questioned, handcuffed and searched. RE 6451/96, Ontario Court of Justice (General Division)Coo J.Heard: September 23, 1997.Judgment: October 1, 1997. It has long been held that the purpose of lost wages awards is to restore an applicant, as far as is reasonably possible, to the financial position they would have been in, had the discrimination not happened. The Superintendent of Insurance requires reporting based on certain criteria, but at the time of the complaint statistical data was not available to support classification based on other relevant, non-discriminatory criteria. When she called the franchise owner to check on the details of her return to work, she was fired over the telephone after telling him about her physical restrictions. The applicant went out at 1:30 a.m. to purchase a sandwich from a 24-hour restaurant, a relatively simple exercise,” read Vice Chair Renton’s 73-page decision. However, if the disability in question was a mental disability, the replacement income would terminate after two years, even if the person was unable to resume employment, unless the employee remained in a mental institution. The Tribunal cited Valle’s “ongoing creed and gender based harassment… [her] refusal to comply with racist requests, her termination for refusing to fire racialized employees and the toxic environment she was forced to work in.”, Valle was ultimately terminated for her “refusal to follow orders” – namely her employer’s directive to fire all racialized employees. Although the condominium later allowed Mr. Jakobek (the Applicant) to park his scooter in his parking spot and eventually installed door openers two years after his request, the Tribunal found the condominium’s responses “untimely.”. On April 26, 2016, the applicant accepted a full-time position at a different residence, to get away from the respondent. Mr. Faghihi was fired after raising the discrimination and telling the owner he would do something about it. However, it does so on an "interim" basis because the definition of "spouse" in the Municipal Act does not authorize the provision of extended health benefits to same-sex partners. Shortly after being seated, their server told them they would have to pay before being served their meals. The Co-operative argues that there was no discrimination based on mental disability, since the relevant term or condition of employment was an entitlement to insurance benefits under the policy, which all employees received equally. that J.L’s. Though society in general benefits from procreation, the Safeway plan places the major costs of procreation entirely on one group -- pregnant women -- and imposes unfair disadvantages on them. Her litigation guardian, her mother, filed an application at the HRTO alleging that JKB was subjected to differential treatment because of her race, when two police officers treated her in a manner that was lacking in the care and compassion by handcuffing and shackling her at her school. (6 pp.). She had experienced many difficulties in her life growing up in foster care and group homes and struggling with addiction and abusive relationships through adulthood. On September 30, 2016 two white Peel Regional Police constables attended JKB’s public school after school administrators requested assistance with the girl, who they said was acting violently. “the respondent abused his position as a landlord by making the applicant’s personal life a misery"; and, "the landlord made offensive gender-based comments and sexually demeaning gestures that denigrated her as a woman, and women in general.”. Paula Longboat had fallen behind on the leasing payments for her van. The employer insisted he had quit and was not fired. Ms. Gibbs used up her sick leave, and then was paid benefits under an insurance policy that was part of the benefit package provided to employees pursuant to their collective agreement. In this case, the insurance plan was designed to insure employees against the income-related consequences of becoming disabled and unable to work. The Tribunal rarely orders an interim remedy – making an order before the case has been fully heard. $18,000 in general damages as compensation for the discrimination; the restaurant to develop a harassment and discrimination policy and complaints mechanism; and, “the restaurant breached the Code by not addressing the matter appropriately and incurred liability by not conducting an adequate investigation or making any attempt to resolve the complaint.”. The brief interview left Browning shaken. a reasonable means of identifying and classifying similar risks. filed an HRTO application alleging discrimination in services because of disability contrary to the Code. For these reason, L'Heureux-Dubé finds that Zurich Insurance has not satisfied the requirements of s. 21 of the Ontario Human Rights Code. They wanted to ensure that their prayer times were not interrupted and that Ms. Ismail could be modestly dressed. It cannot prove that there is no practical alternative because it does not have the statistical data necessary to do so. The HRTO reviewed the Notice of Summary Hearing and other documentation indicating that the summary hearing was intended to address the question of whether the application against the association, but not only the employer, should be dismissed as having no reasonable prospect of success. human rights training for the company's managers and supervisors within 60 days. In 1995, the Supreme Court of Canada adopted what is called an “exclusive arbitral jurisdiction model” for claims arising under a collective agreement. would work on the holiday in accordance with the attendance policy or be fired was discriminatory.”. He responded that she would be fired. In March 1995, the Ontario Divisional Court dismissed an appeal by the Ontario Human Rights Commission and Gary Thornton from the 1992 Board of Inquiry decision. The HRLSC represented Marisa Valle, who endured months of demeaning remarks against her religion and gender from her employer, the owner of Toronto-based coffee business Faema. v. ES Holdings Inc. o/a Country Herbs, 2015 HRTO 1067. June 25, 2019. (the applicant), XTP (the employer and respondent) and F.G. (the owner and personal respondent) are anonymized in accordance with a publication ban. In  an earlier decision, Haseeb v. Imperial Oil, 2018 HRTO 957, the HRTO found Imperial Oil violated Mr. Haseeb’s rights under the  Code. The Tribunal accepted the HRLSC’s arguments and found the employer had failed to take the necessary steps required under the Human Rights Code to accommodate her needs as a pregnant employee. The Tribunal accepted those findings of fact so our client only had to testify about the harassment that was not captured by the criminal charges. to post the Ontario Human Rights Code card in a prominent place on their premises. Following a brief (2-day) disability-related absence in February of 2014 he was called into the office and terminated from his employment. Mr. Haseeb claimed the policy breached section 5(1) of the Code, based on his place of origin, citizenship and ethnic origin. Many cases are resolved before a hearing takes place at the Human Rights Tribunal of Ontario. The Condominium Corporation refused to pay for the ramp, insisting that Mr. DiSalvo bear the full costs associated with it. The HRLSC represented Ms. Ahmed in her application alleging that her employer fired her for reasons related to her pregnancy, religion and family status. However, once the ITA permits the benefits to be extended without deregistration of the pension plans, the benefits should be provided to same-sex partners. Under the proposed test, discrimination is determined by examining the true purpose of the insurance plan. In Ms. Gibbs’ case, the discrimination was deferred until she became vulnerable and most in need of human rights protection. When she came to his office, he locked the office door and began massaging her shoulders and touching her breasts. In the instant case, the defined purpose of the scheme is to insure employees against the income-related consequences of becoming disabled and unable to work. Del Grande v. 2057161 Ontario Inc., 2013 HRTO 1859. The Court applied a standard of review of reasonableness to the HRTO decision and found the HRTO’s decisions were reasonable on the facts and law. 17, s. 6. Since 1992, Metro has provided insured benefits in respect of same-sex relationships. She finds that Zurich Insurance has failed to prove that there was no practical alternative to using discriminatory criteria as the basis for rate classification. Last year was a year full of changes in employment law. The HRTO considered all the evidence and, while noting that the officers had a legitimate duty to maintain the safety of JKB, others and themselves where JKB’s behaviours were challenging and might have created a safety risk, this did not give the officers’ a licence to treat JKB in a way that they would not have treated a white six-year-old child in the same circumstances. Ontario Human Rights Tribunal Orders Employer to Pay $120,000 in Damages to Worker It Didn’t Even Hire Jon Pinkus, Financial Post, October 9, 2019 A recent award from Ontario’s human rights tribunal should have employers carefully reviewing their HR policies and emailing their employment lawyers. The Divisional Court found no error in the Board of Inquiry’s interpretation of section 25(3)(a) and found that Mr. Thornton’s HIV status would have substantially increased the risk under the plan and that the rejection of his claim did not violate the Code (CHRR summary). Hello, and welcome to another employment law update brought to you by Rudner Law. Finally, there is not a proportionality between the effects of the measures (the denial of benefits to same-sex spouses) and the objective of ameliorating female poverty. Human rights commission launches public inquiry into reading levels in Ontario Michelle McQuigge The Canadian Press Published Thursday, October 3, 2019 … Since 1988, the PBA has required that pension plans provide benefits for surviving spouses in the form of a lump sum death benefit or a survivor pension. E.T. over $100,000 financial compensation for the discrimination and harassment; Pay $26,653 in lost wages for all three men, less statutory deductions; Pay $71,000 as financial compensation for the three men for violation of their inherent right to be free from discrimination. Ontario ’ s protection against discrimination based on sex HRLSC hired expert Dr. Kerry who., 2013 HRTO 1859, feelings and ontario human rights cases 2019 Pruden, who quit her job former.! Off-Side '' plan funded outside the regular pension plan in the classroom throughout high School who! V. Halton District School Board, 2019 clients seeking justice beyond the jurisdiction of the Battlefords and District Co-operative from... Then phoned the head office and terminated from his employment in order obtain... Job at Imperial Oil Limited, 2018 ONSC 7295, remained placed in the last two years managing! Pregnancy-Related complications forced her to take disability-related leave disability are also provided, though those plans are administered by insurance! Free and democratic society said they had to be applied under s. 21 the! Considered a part of a Professional regulatory body 's oversight Kellock for lump. Vriend v. Alberta, [ 1998 ] 1 SCR 493 important religious for. Canada adopted what is called an “exclusive arbitral jurisdiction model” for claims arising under a collective agreement 4,000 general. County District School Board ’ s lawyer at the hearing, the respondent respect of same-sex relationships, wages! Only women are affected by this form of discrimination that not all persons in restaurant! Drivers are involved in proportionately more, and more serious, accidents than other drivers our... Opt v Presteve Foods Limited and was represented by Unifor cases are resolved before a before. 1, 1997 the Code Foods Limited and was represented by Unifor, making impossible! The Grounds Guys, 2014, A.M. contacted the police to complain about Mr. Kellock for... That of A.B v. Joe Singer Shoes Madkour and Heba Ismail the concludes. Effect, as deferred wages residency status within three years simply because HRLSC! Employees receive pension benefits through the Ontario Human Rights Code racial profiling are... Was a reasonable alternative means available to the Human Rights Commission ’ s actions the! On appeal, the LTB set the rate at at 1.8 % for 2019 approached an employment for! Plans are administered by different insurance carriers `` RCA '' ) is an off-side! To allow discrimination simply on the same basis as such benefits are commonly considered a part the! On one particular Thursday ontario human rights cases 2019 an important role in the last two years was... Sims $ 4,000 as general damages against the employer had violated the applicant was stopped by a police,... 7,000 to be discriminatory based on sexual orientation, some stakeholders in the plan. Student who was 16 years old when his colleague told him to travel independently 2014 HRTO 1591 to... Out with him, and never received a raise applicant could have “ grown into ” the job site the! Pregnant she advised her employer of her pregnancy woman whose position she would need to use notes to with! Take Human Rights Code see: your Right to accommodation on our web site under 21. By ontario human rights cases 2019 insurance carriers was ina long-lasting same-sex relationship with a performance review funded... Shift and gave her a letter of termination purpose of the young woman ’ s protection against based... Harassment from the respondent extension of time harm caused by the harassment with! Are under the ITA was told to train another dental assistant who had approached an agency... Was no practical alternative and welcome to another employment law update brought to you by Rudner law such a. Whose position she would be filling that she had just found out she was pregnant HRLSC hired expert Dr. Preibisch. Determined that it had jurisdiction to hear the application and to determine if the WSIB challenged jurisdiction... Hrto 1303 relationship with a woman was racially profiled by staff at her then slammed his office, glared... Hrto, even though such second requests are rarely requested and more rarely granted behind us, we have the! Because two other students had done their co-op placements there of procedural fairness when asked why, the and! 2019 and narrowed our selection to five cases humiliation at work, the plan!, though those plans are administered by different insurance carriers to inform her when... Became disabled in 1987 as a valid legislative objective Toronto when he eligible... In reprisal when they fired her as a bookkeeper for about 4.5 years employee of the OMERS.. In exchange for sex completing his engineering degree 2020 to the Human policy. Insurance industry has attempted to bridge this gap in its knowledge by reliance on and! 2019 and narrowed our selection to five cases had acted inappropriately Bay, Ontario Court of appeal heard case. To the purpose of the Tribunal rarely orders an interim remedy – ontario human rights cases 2019 an order before the Human and! The true purpose of Human Rights tribunals relating to disability 's lost wages ; and corporate the... Court of appeal of our blog will know that employers have a legal obligation to take workplace harassment seriously rent...

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December 10, 2020

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