Information About Human Rights Law in Ontario
Below is a preview of the five most recent posts from the blog Human Rights Law in Ontario. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- 2018: New High Water Mark in General Damages at the HRTO
2018 has been a significant year so far at the Human Rights Tribunal of Ontario in terms of remedies. Over the past decade or so, damages for compensation for injury to dignity, feelings and self-respect, have traditionally been between $10,000 and $20,000. The high water mark was less than $50,000. … Read more »
- HRTO Inappropriately Releases Individuals as Respondents in Human Rights Applications – When Did an Organizational Respondent become Sufficient?
The Ontario Human Rights Code’s preamble states its purpose, in part, is “the creation of a climate of understanding and mutual respect for the dignity and worth of each person”. The Code is not intended to “punish” a person or company that engages in discrimination. Rather it is remedial or restora … Read more »
- HRTO’s Failure to Award Damages in Lieu of Reinstatement Unjustifiably Shifting Consequences of a Broken Employment Relationship to Applicants
A couple of days ago I wrote a paper for the Ontario Bar Association’s Constitutional, Civil Liberties and Human Rights Section, posted here. The article is re-posted herein. It explores the concept of damages in lieu of reinstatement in the context of the Human Rights Tribunal of Ontario. Since the … Read more »
- HRTO Consistently Refuses to Order Prospective Future Lost Wages: The End of “Make Whole” Remedial Principles?
In the past, the Ontario Board of Inquiry has shown a willingness to abide by the remedial principles of the Code and make complainants “whole”. Future prospective lost wage orders were not balked at. See the 1992 decision, McKee v. Hayes-Dana Inc. et al.[i] for example. Mr. McKee had worked for th … Read more »
- Frustration of Contract and Undue Hardship: Ontario Courts and Tribunals Misapply the Law in Relation to Disabled Employees Absent from the Workplace
Last Friday, I presented at the Law Society of Upper Canada’s Six-Minute Employment Lawyer program. In front of a large audience, comprised on several management-side employment lawyers, I attempted to explain why the law in Ontario relating to disabled employees and frustration of contract is wrong … Read more »