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Index to Human Rights
Introduction
Quasi-Constitutional Status of Human Rights Legislation in Canada
Stare Decisis
Overview of Human Rights Remedies
Remedies – The Basics
The Statutory Process
General Principles of Interpretation
Right to a Hearing
Limitation Period
Defining Employment
Naming the Parties
The Union as a Party
Group Action
Claim settled against some
Proving the Case – Prima Facie Case
Principles in Human Rights Cases
Direct vs Indirect Discrimination
No Intent Required
Human Rights Factor: Influential is Enough: Not The Sole Reason
All members need not be adversely impacted
Appeals from Human Rights Tribunals
Evidence at the Hearing
Use of Statistical Evidence
Systemic Discrimination
Medical Evidence
Similar Fact Evidence
Credibility & Reliability
Rule in Browne v Dunn
Protected Human Rights
Disability
Interplay between Human Rights & Workers’ Comp
Obesity
Creed – Religious Beliefs
Dress Code
Addiction
Age
Pension Plans & Mandatory Retirement
Family Status
Misetich: Family Status: Procedural Failures
Marital Status
Pregnancy
Sexual Harassment
Political Beliefs
Deadnaming
Duty to Accommodate
General Rules
Procedural
Substantive
Is Procedural Breach Actionable
Addiction
Ontario Civil Action to Enforce Human Rights
Human Rights: Ontario: Suing: Requirement of a Companion Action
Home
Index to Human Rights
Introduction
Quasi-Constitutional Status of Human Rights Legislation in Canada
Stare Decisis
Overview of Human Rights Remedies
Remedies – The Basics
The Statutory Process
General Principles of Interpretation
Right to a Hearing
Limitation Period
Defining Employment
Naming the Parties
The Union as a Party
Group Action
Claim settled against some
Proving the Case – Prima Facie Case
Principles in Human Rights Cases
Direct vs Indirect Discrimination
No Intent Required
Human Rights Factor: Influential is Enough: Not The Sole Reason
All members need not be adversely impacted
Appeals from Human Rights Tribunals
Evidence at the Hearing
Use of Statistical Evidence
Systemic Discrimination
Medical Evidence
Similar Fact Evidence
Credibility & Reliability
Rule in Browne v Dunn
Protected Human Rights
Disability
Interplay between Human Rights & Workers’ Comp
Obesity
Creed – Religious Beliefs
Dress Code
Addiction
Age
Pension Plans & Mandatory Retirement
Family Status
Misetich: Family Status: Procedural Failures
Marital Status
Pregnancy
Sexual Harassment
Political Beliefs
Deadnaming
Duty to Accommodate
General Rules
Procedural
Substantive
Is Procedural Breach Actionable
Addiction
Ontario Civil Action to Enforce Human Rights
Human Rights: Ontario: Suing: Requirement of a Companion Action
Workplace Human Rights
Awards for Loss of Dignity, Injured Feelings & Self-Respect
Upward Trend of Awards
Canada
British Columbia
Alberta
Saskatchewan
Manitoba
Ontario damage awards
Quebec emotional damages
Maritime Provinces
Territories emotional damages
Lost income
Intervening Event Disrupts Lost Income Claim
Future Income Loss
Notional Termination
Adverse Treatment Causes Loss of Severance
Impact of Employment Contract – A Double Sided Edge
Disability Insurance & Lost Income Claim
Mitigation & Expenses
Loss of Opportunity – PF Case
Substantive Test
Employer’s Rebuttal
Lost Opportunity due to Reprisal
Other Remedies
Poisoned Work Environment
Reprisal
Intent Needed for General Reprisal
More On Reprisal – Various Statutes
Public Interest Remedies
pre-judgement interest
Legal Costs
Damages against the Complainant
Reinstatement and Instatement
Ontario – Reinstatement & Instatement
Reinstatement – Other Canadian Jurisdictions
Reinstatement to Inactive Employment Status
Employer Liability
Human Rights: Duty to Investigate
Statutory Mandate to Investigate
Canada Labour Code Policy Mandate to Investigate
British Columbia Investigation
Due Diligence Defence
The Benefits of the Investigation
The Employer’s Defence
Due Diligence Defence
Minimizing the Lost Income Claim
Offer to Settle & Such
Decisive action by employer denies HR complaint
Direct Discrimination vs Adverse Impact Discrimination – BFOR Defence
Sample Policy in Compliance with Canada Labour Code – Jan 1, 2021
Policy Manual on Harassment, Discrimination and Workplace Violence
Dynamics between WCB and Human Rights Issues
Settlement & Tax Considerations
Links of Note
Awards for Loss of Dignity, Injured Feelings & Self-Respect
Upward Trend of Awards
Canada
British Columbia
Alberta
Saskatchewan
Manitoba
Ontario damage awards
Quebec emotional damages
Maritime Provinces
Territories emotional damages
Lost income
Intervening Event Disrupts Lost Income Claim
Future Income Loss
Notional Termination
Adverse Treatment Causes Loss of Severance
Impact of Employment Contract – A Double Sided Edge
Disability Insurance & Lost Income Claim
Mitigation & Expenses
Loss of Opportunity – PF Case
Substantive Test
Employer’s Rebuttal
Lost Opportunity due to Reprisal
Other Remedies
Poisoned Work Environment
Reprisal
Intent Needed for General Reprisal
More On Reprisal – Various Statutes
Public Interest Remedies
pre-judgement interest
Legal Costs
Damages against the Complainant
Reinstatement and Instatement
Ontario – Reinstatement & Instatement
Reinstatement – Other Canadian Jurisdictions
Reinstatement to Inactive Employment Status
Employer Liability
Human Rights: Duty to Investigate
Statutory Mandate to Investigate
Canada Labour Code Policy Mandate to Investigate
British Columbia Investigation
Due Diligence Defence
The Benefits of the Investigation
The Employer’s Defence
Due Diligence Defence
Minimizing the Lost Income Claim
Offer to Settle & Such
Decisive action by employer denies HR complaint
Direct Discrimination vs Adverse Impact Discrimination – BFOR Defence
Sample Policy in Compliance with Canada Labour Code – Jan 1, 2021
Policy Manual on Harassment, Discrimination and Workplace Violence
Dynamics between WCB and Human Rights Issues
Settlement & Tax Considerations
Links of Note
The Statutory Process 2
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August 3, 2023
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