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…

Workers' Comp - Human Rights - Issue Estoppel - Same Question? Same Question The three elements of a successful issue estoppel test are as follows: (1) that the same question…

  Internal Appeal to be Satisfied Prior to Second Case? Certain cases have allowed the employee to bring a human rights complaint following the workers’ comp application based on the…