Death of the Complainant
Death of the Complainant Under Alberta law, a human rights claim for damages which are personal in nature ends upon the death of the complainant. This includes claims for: injury…
Causal Connection Fails
Coaching Letter Does Not Constitute Disability Discrimination Overview In a 2026 decision, the Human Rights Tribunal of Ontario dismissed a disability discrimination application arising from the issuance of a…
Fundamental Test to Prove the Case
The Legal Test for Proving Discrimination Overview The leading authority on proving discrimination in Canadian human rights law is the 2012 Supreme Court of Canada decision in Moore v.…
Asset Sales and Human Rights Liability
Home › Workplace Human Rights › Asset Sales and Human Rights Liability Asset Sales and Human Rights Liability The sale of a business through an asset transaction is commonly structured…
Ontario Rule 13
Rule 13 of the Human Rights Tribunal of Ontario: Scope and Limits of Preliminary Dismissal Rule 13 of the Human Rights Tribunal of Ontario Rules of Procedure permits the…
Conduct Extraneous to the Working Relationship
Conduct Extraneous to the Working Relationship Apart from the above issue, the next issue which frequently arises is whether the relevant conduct has taken place within the context of an…
Chart: Sexual Harassment: Workers’ Comp vs Human Rights vs Civil Action
This table examines the respective advantages and disadvantages of each form of relief.
Case Splitting
Splitting the Case When reviewing issues of multiple proceedings through different forums, a further issue to be considered is the prohibition against “case splitting”. Presuming that the employee argues that…
Factual Estoppel
Factual Estoppel Should the WC tribunal make findings of fact, the question of factual estoppel will arise. This is independent of the human rights statute and will rest on common…