Discrimination, protected grounds, proof, procedure and remedies.
Home › Workplace Human Rights ›Damages Awarded to Non-Parties Damages Awarded to Non-Parties There are a series of cases, all from Nova Scotia, which have awarded damages to a non-complainant. One might well question the fairness of such a remedy
The Ontario Human Rights Tribunal considered an application made by the employer for the refund of all settlement funds paid to the prior applicant due to the violation of the minutes of settlement. The relevant clause of the minutes set
Issue of Workplace Injury The question has arisen as to whether a finding made by the workers’ compensation tribunal as to the physical ability of a worker to return to work still nonetheless allows the worker the right to present
Effective January 1, 2021, Canada enacted new regulations and revised the Canada Labour Code which expanded the legal obligations of employers with respect to the issue of preventing and responding to acts of harassment and conduct in the workplace. The
The Human Rights Administrative Process Ontario’s Human Rights Code contains a deeming provision holding an employer responsible for the conduct of its officer, official, employee or agent in the course of their employment. This provision, however, does not apply
Only the statutes of Canada, British Columbia, Manitoba, N.W.T., Saskatchewan and Nunavut allow for a representative human rights complaint. Ontario A vivid example of the need for such reform on Ontario can be seen in a recent decision dealing with
In June of 2023, the federal government passed amendments to the Income Tax Act, which will attract the attention of employment law counsel. Bill C-47 requires that any transaction which meets the updated version of an “avoidance” transaction must be
A provincial or federal statute may be challenged on the basis of S. 15 of the Charter of Rights & Freedoms. To succeed on the application, it must be shown to violate the Charter and also not be caught
To commence a human rights complaint, the applicant must first have “standing”. Status to bring the complaint is allowed to any person who believes that their rights have been violated. The application must then seek a remedy available under
An individual who has “complete control” of a corporation and where there is “conduct akin to a fraud” will potentially lead to personal liability for the acts of the company. This principle may also apply where those persons in control
