Harris on Canadian Employment Law

  Inflation and Injury to Dignity Damages The April 2026 decision in McConnell v. Hibbert, is a useful recent example of the continuing movement in human rights damages. The case…

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…

  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…

  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 The sale of a business through an asset transaction is often structured to limit the liabilities assumed by the purchaser. In employment law, this…

  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 Apart from the above issue, the next issue which frequently arises is whether the relevant conduct has taken place within the context of an…

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 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…