The HRLSC represented Mr. Faghihi, a sous chef at the Black Swan restaurant in Burlington. $20,000 in general damages as financial compensation for the discrimination; training for the landlord in human rights principles; and, the landlord to adopt a written policy for the building that reflects the responsibilities of landlords, agents of the landlords or occupants of buildings under the, $10,000 compensation for the discrimination; and, The landlord to take human rights training, and, in particular to watch the Ontario Human Rights Commission’s five-part video called “Rental Housing and the [Human Rights]Code.”. On June 29, 2019, the Human Rights Tribunal of Ontario (the âHRTOâ) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. The WSIB’s exclusive jurisdiction to determine the suitability, content and implementation of a Labour market Re-entry (LMR) program plan was found not to deprive the Tribunal of its jurisdiction to determine whether the WSIB had failed to take into account the accommodation of the Applicant’s disability. 2076831 Ontario Ltd. v. Qiu, 2018 ONSC 7295. Though society in general benefits from procreation, the Safeway plan places the major costs of procreation entirely on one group -- pregnant women -- and imposes unfair disadvantages on them. drugs, glasses, orthopedic shoes, chiropractor, basic and orthodontic dental plan). Between Kelly Kane, andThe Attorney-General for Ontario, and Her Majesty the Queen,in Right of Ontario, as represented by the Minister of Financeand Axa Insurance Co.  O.J. A settlement had already been reached with the corporate respondent the weekend before the hearing. G.G. G.M. Following a brief (2-day) disability-related absence in February of 2014 he was called into the office and terminated from his employment. RE 6451/96, Ontario Court of Justice (General Division)Coo J.Heard: September 23, 1997.Judgment: October 1, 1997. Before we say anything further, it should probably be noted that neither KPA Lawyers nor any of our employees had anything to do with this case. On September 4, 2014, A.M. contacted the police to complain about Mr. Kellock’s behaviour. They held that that a legal case alleging discrimination (e.g. The HRLSC represented an employee who had been sexually harassed and assaulted by her employer. Had her disability been physical in nature, the benefits would have continued until age 65 whether or not Ms. Gibbs was in an institution. She testified that she felt “disgusted that someone felt they had the right to touch her body for their own pleasure, without her consent”. It is not fatal to a finding of discrimination that not all persons in the group bearing the relevant characteristic have been discriminated against. On May 26, 2017, the Human Rights Tribunal released a 46-page decision in Marisa Valle v Faema Corporation 2000 Ltd. and Mike Di Donato. EXPLANATORY NOTE The Bill enacts the United Nations Declaration on the Rights of Indigenous Peoples Act, 2019.. First of all, to find that there is discrimination on the basis of disability it is not necessary to find that all disabled persons are mistreated equally. Another impactful case this year was that of A.B v. Joe Singer Shoes. In addition, if the comparator group is all persons without a disability, a claim of discrimination on the basis of inadequate disability insurance benefits is not likely to be successful. that “the continued harassing comments and behaviours affected the applicant as a woman and created a difficult workplace environment;” and, “this recurring treatment created a poisonous work environment, an environment where she knew to expect that in carrying out her job duties she must endure discriminatory conduct and comments.”, the employer to pay $20,000 to Ms. Bento in general damages plus lost wages for the discrimination she experienced; and. the co-worker who made the sexualized and racist comments was ordered to take human rights training. The brief interview left Browning shaken. In the end, Vice Chair Alison Renton concluded Briggs was the target of racial profiling by Durham Regional Police Services when they ran his license plate in the parking lot of a restaurant and then followed him one hour later. However, the ITA has an opposite-sex definition of "spouse" in respect of pension plans (though both married and common law spouses are included) and does not permit the payment of survivor benefits to a same-sex partner. Human rights commission launches public inquiry into reading levels in Ontario Michelle McQuigge The Canadian Press Published Thursday, October 3, 2019 â¦ He felt he was singled out and subjected to unnecessary aggressive treatment because of his race. Ms. Sehdev’s subsequent first request for reconsideration at the HRTO was also dismissed. The court refused to reject the decision of the Human Rights Tribunal in Claybourn v Toronto Police, allowing the human rights claim to proceed against the police. counsel was clear that she did not have authority to reach a final settlement without first obtaining instructions from J.L., including that she did not have instructions regarding the amount of monetary compensation. Mr. Frankson alleged the Workplace Safety and Insurance Board (the WSIB) discriminated against him on the ground of disability when it changed his Labour Market Re-Entry (LMR) program because of his learning disability. ... and emergencies. The reasoning of Bliss and the Manitoba Court of Appeal decision in this case are rejected; the fact that only some women are affected by pregnancy-related discrimination does not mean that it is not discrimination because of sex. to post the Ontario Human Rights Code card in a prominent place on their premises. On December 7, 2016, both parties were terminated for inappropriate activity in the workplace. In a dissenting judgment, Madam Justice L'Heureux-Dubé disagrees with the majority regarding the appropriate test to be applied under s. 21. With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. Under the terms of the policy, any employee who became unable to work was provided with replacement income for as long as the disability prevented the employee from working or until age 65. $20,000 in financial compensation for the discrimination; the respondent must hire a consultant with expertise in human rights to develop a human rights policy; the company must provide a copy of it to all employees and the applicant within six months of the date of this Decision; and. Browning v. Northend Body Shop Ltd., 2017 HRTO 1001. The HRTO held the facts of the case raised exceptional circumstances and it was appropriate to consider Ms. Sehdev’s second request for reconsideration. Marisa Valle filed a human rights claim against Di Donato and Faema. Mr. Dixon uses a wheelchair. $12,000 to the Applicant in respect of compensation for loss of the right to be free from discrimination; the purchase, installation and maintenance of a ramp at the front entrance of the townhouse; and, a human rights policy and a complaint mechanism to be developed, $10,000 to the Applicant for compensation for loss of the right to be free from discrimination, Reduction of the Applicant’s rent by $136.61 per month until the Respondent has offered the Applicant a one-bedroom apartment on the first floor of the building, $2595.59 to the Applicant for loss occasioned to date by its refusal to allow a transfer within the building, The Respondent to offer the next available apartment on the first floor to the Applicant, The Respondent to ensure that the front and back doors and entryways of the apartment building are accessible to people in wheelchairs by six months from the date of the order, including providing a ramp or grading and installing electronic door opening devices, The Respondent to retain an expert on human rights issues within three months of the order, and to undertake an appropriate training course for its managerial staff on anti-discrimination practices relevant to tenants. The Tribunal found that a woman was racially profiled by staff at her local Shoppers Drug Mart store when accused of shoplifting and searched. Both pre-judgment interest and post-judgment interest on the award. She arranged a viewing with the landlord and they exchanged several texts and phone calls. JKB v. Peel (Police Services Board), 2020 HRTO 172. Royal Mail Group Ltd v Jhuti (Supreme â¦ 17. Justice Grace awarded $20,000 in general damages against the employer for terminating the plaintiff directly because of Wilsonâs disability. The Court applied a standard of review of reasonableness to the HRTO decision and found the HRTO’s decisions were reasonable on the facts and law. The Act requires the Government of Ontario to take all measures necessary to ensure that the laws of Ontario are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. The provision is not related to financial need or economic dependency; the benefits are extended where both husband and wife are employees and/or are financially secure. Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. A Collective Impact A Collective Impact is the Ontario Human Rights Commission's interim report on its inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service. $7,500 and $6690 were awarded to the applicant's brother for lost wages. When she called the franchise owner to check on the details of her return to work, she was fired over the telephone after telling him about her physical restrictions. Last amendment: 2020, c. 11, Sched. Summarized below are a selection of Human Rights Tribunal decisions in cases where the Human Rights Legal Support Centre provided representation to the applicant at the hearing. Similar incidents of sexual harassment and assault occurred every time she visited his office to ask for her reference letter. Three women worked as receptionists at a hair salon until ongoing sexual harassment left them unable to continue. The Board of Inquiry concludes that the equality guarantees in s. 15 of the Charter are contravened by the opposite-sex definitions of spouse and marital status in the Code and related legislation regarding the employment benefits in question in these complaints. to pay Ms. Mannen $20,000 in general damages for the injury to her dignity, self-respect and feelings; to pay Ms. Mannen $929.85 in compensation for lost wages; to complete the eLearning module “Human Rights 101” found on the Ontario Human Rights Commission’s website; and. An administrative tribunal may address a Charter issue if it has jurisdiction over the whole matter before it, namely, the parties, the subject-matter and remedies sought, although the tribunal may only treat an impugned provision as invalid for the purposes of the matter before it and cannot issue a formal declaration of invalidity. Granes v. 2389193 Ontario Inc., 2016 HRTO 821 (CanLII), Ms. Granes endured a night of sexual harassment in the form of comments and touching by the co-owner of the bar where she worked. Statistical evidence shows that young, male drivers are involved in proportionately more, and more serious, accidents than other drivers. $15,000 in general damages as financial compensation for the discrimination; the company to retain a human rights expert to develop and implement a comprehensive human rights policy; the company must provide all current and future employees with copies of the new policy; and. The applicant went out at 1:30 a.m. to purchase a sandwich from a 24-hour restaurant, a relatively simple exercise,” read Vice Chair Renton’s 73-page decision. The HRLSC represented Ms. Jaques and argued before the Human Rights Tribunal of Ontario that there were no written policies in place and that, even if such policies existed, adapting the policies to accommodate her medical restrictions would not be an “undue hardship” for the restaurant. The same-sex partners of Metro employees are not entitled to survivor pensions under the terms of the OMERS plan. The landlord was found to have violated a separate section of the Human Rights Code, reprisal, by “threatening to evict her and giving her groundless eviction notices, refusing to maintain her apartment in a state of repair, and vandalizing her bike.”. Last amendment: 2020, c. 11, Sched. The HRTO considered all the evidence and, while noting that the officers had a legitimate duty to maintain the safety of JKB, others and themselves where JKB’s behaviours were challenging and might have created a safety risk, this did not give the officers’ a licence to treat JKB in a way that they would not have treated a white six-year-old child in the same circumstances. 2019 Country Reports on Human Rights Practices: Canada Bureau of Democracy, Human Rights, and Labor. The Centre represented them at a hearing before the Human Rights Tribunal. She left early and never returned to work. to develop a workplace human rights policy, addressing the rights of pregnant employees, and to distribute the policy to each employee. As a result of these various legislative provisions regarding pensions, currently a same-sex spouse has no status comparable to an opposite-sex spouse and is not entitled to a survivor pension. During the hearing, Puniani testified that the employer “began counting off the months on his fingers and demanded to know whether she had known that she was pregnant when he had interviewed her in August.” She testified that as he left her he said ‘we will see what needs to be done.’ Later that week she was fired. The Ontario Pensions Benefit Act ("PBA"), which requires that pension plans in Ontario conform with it and be registered with the Pension Commission, also defines "spouse" to include only opposite-sex partners. - distribute the new policy to all of its employees; and The HRLSC represented Mr. Ben Saad in his hearing at the Human Rights Tribunal of Ontario. Dr. Spolia also promised that her pregnancy would not affect her job. When she returned from maternity leave her employer told her: “If you cannot give me a perfect plan you need to stay home with your son.”. He and his wife lived in a building that was not accessible, making it impossible for him to travel independently. You may find a decision that is about a factual situation that is similar to the facts in your human rights â¦ Summarized below are a selection of Human Rights Tribunal decisions in cases where the Human Rights Legal Support Centre provided representation to the applicant at the hearing. The employer insisted he had quit and was not fired. Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously.  It may be true that the applicant could have “grown into” the job. The Safeway disability plan, which was challenged in the complaints of Susan Brooks, Patricia Allen and Patricia Dixon, provided twenty-six weeks of disability benefits to any worker who had worked for Safeway for three months and who had to be absent from work for health reasons. Many cases are resolved before a hearing takes place at the Human Rights Tribunal of Ontario. Kane's claim for benefitson the relevant policy was denied since the relationship wassame-sex. You can make your claim with the Human Rights Tribunal of Ontario.. You might also have the option of suing them in court.You should get legal advice before you decide what to do. Many cases are resolved before a hearing takes place at the Human Rights Tribunal of Ontario. During this time, pregnant employees who were unable to work, either because of pregnancy-related complications or non-pregnancy-related illness, were not eligible for benefits. the landlord’s “evidence was inconsistent with the documentary evidence on key points"; and, "the respondent’s inclination to tailor his evidence in an attempt to justify his actions in this case.". After a two-stage interview process, Ms. Lugonia attended a third meeting and was offered the job. The HRTO also heard from two expert witnesses who testified about implicit bias in policing. The Province is ordered to advise all municipalities of this interpretation within a reasonable time. This means that a unionized employee’s workplace complaints must proceed by arbitration when an issue arises out of a claim that is covered by a collective agreement. It found that it can hear and decide a claim that a statutory benefits scheme had denied benefits on a discriminatory basis, even if the denial is contained in a decision of the other statutory body. Without further delay. My name is Brittany Taylor.. Today we’re going to be discussing a decision from the Ontario Human Rights Tribunal which provides yet another example of how damages for breach of the Ontario Human Rights Code are increasing. Only women are affected by this form of discrimination and they are discriminated against because of their gender. With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. “the applicant’s vulnerability was marked”; “these events had a profound and destructive impact on her”; the individual respondent’s conduct was egregious; and. Eight yearslater, the Supreme Court of Canada… Although they initially responded to the human rights application they failed to show for the hearing. Imperial Oil’s hiring policy was directly discriminatory, and it could not rely upon an argument that permanent eligibility to work in Canada was BFOR; Imperial Oil’s policy was not a BFOR anyway because (a) there was no evidence that the permanence requirement was rationally linked to any of the specific job duties; and (b) it was a requirement that was could be waived for job candidates whose skills were in higher demand; and. The first civil case in which human rights damages were awarded in Ontario was Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799. UIC maternity benefits provided an imperfect substitute for the disability benefits because they required a longer work period for eligibility, and provided less money for a shorter time. Imperial Oil to pay $3,997.54 as pre-judgment interest on the above amounts. that any question about a lack of notice to Ms. Sehdev had to be resolved in her favour as a matter of procedural fairness. Emile and his friends were the only Black patrons in the restaurant at that time. Mr. Wesley had arrived for his first day of training with an interpreter, but the supervisor sent the interpreter home. On September 2, 2014, she texted Mr. Kellock asking for the letter. Since 1992, Metro has provided insured benefits in respect of same-sex relationships. A pension plan which provides such benefits is subject to deregistration under the ITA and the loss of significant tax advantages. F.G. was a close family friend of the young woman’s parents, and agreed to supervise G.M. The School Board argued that all the requirements for a binding settlement set out in the leading case of Apotex Inc. v. Allegan, Inc., 2016 FCA 155 were met, namely, that there was a mutual intention to create legal relations; there was consideration flowing in return for a promise; the terms of the agreement were sufficiently certain; there was matching offer and acceptance on all terms essential to the agreement; and all other requirements, such as legislative requirements, were satisfied. J.L. He didn’t stop. J.L.’s parents objected to the School Board’s decision to place J.L. The first civil case in which human rights damages were awarded in Ontario was Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799. However, some stakeholders in the housing sector are under the mistaken impression that no-smoking policies are discriminatory. This decision was upheld by the Ontario Court of Appeal. The woman then phoned the head office and they arranged to have her reinstated to her position. (the applicant), XTP (the employer and respondent) and F.G. (the owner and personal respondent) are anonymized in accordance with a publication ban. $15,000 in general damages for the harm caused by the discrimination. The kitchen manager would also comment on the sexual attractiveness of other women in the restaurant and make racist remarks about other employees. Board Inq.)>. In 1995, the Supreme Court of Canada adopted what is called an âexclusive arbitral jurisdiction modelâ for claims arising under a collective agreement. A.M. had a criminal record, which hindered her ability to find employment. This case is important for many different reasons, including its discussion of how even human rights laws may violate equality rights when they fail to protect specific groups of individuals who have historically been discriminated against. In the ruling, a three-person panel ruled that it would be unfair to dismiss a human rights application where the same allegations had been dismissed in a police complaint to the OIPRD. 4.Metro is to continue providing insured benefits to same-sex spouses on the same basis as such benefits are provided to opposite-sex spouses. In 1983 Michael Bates alleged that he was discriminated against because Zurich Insurance charged him higher premiums for his automobile insurance than a young, single, female driver with the same driving record, or than drivers over age 25. In March 1995, the Ontario Divisional Court dismissed an appeal by the Ontario Human Rights Commission and Gary Thornton from the 1992 Board of Inquiry decision. On June 27, 2017, Ms. Mannen found out she was pregnant. What happened next was the subject of a five-day hearing before the Human Rights Tribunal of Ontario. Her teacher had recommended the business because two other students had done their co-op placements there. Having found that the plan discriminated against pregnant employees, the Court considers the second issue in this appeal: whether discrimination because of pregnancy is discrimination because of sex. Those with mental disabilities received less than those with physical disabilities. $15,000 compensation for the discrimination; and, the “expectation that H.T. Each year our tribunals receive and resolve nearly 100,000 cases - providing fair, accessible dispute resolution to thousands of Ontarians. He wrote the letter and gave it to her, asking her if she would visit him again or would she not bother now that she had the letter. Since the consequences of deregistration of a plan if same-sex survivor pensions are provided are drastic, alternative "off-side" arrangements have been designed by some employers to provide survivor benefits to same-sex partners. She argued the HRTO’s summary hearing was intended to deal only with her allegations against her association (and not her employer) and the HRTO erred in dismissing her whole application and those parts of her application alleging discrimination by her employer. Kane was accordingly awarded judgment of the$25,000 death benefit. Attacks on her religion and gender were deeply disturbing to her as a woman of deep faith. 17, s. 6. The courts have no power (or jurisdiction) in those circumstances. Tribunals Ontario is a group of 14 adjudicative tribunals that play an important role in the administration of justice in Ontario. She provided a letter to her employer outlining the entire history of sexual harassment and solicitation with the respondent, as well as the sexual assault. The issue here is whether the practice of denying equality in benefits to the same-sex partners of Metro employees contravenes s. 15 of the Charter which, the Supreme Court of Canada has ruled, prohibits discrimination based on sexual orientation. He was moved from a 3 year LMR program to a 5 week program because they refused to provide accommodation for his learning disability in the original program. The applicant cannot receive any remedy under the police complaint process; the only possible outcome if police misconduct is found to have occurred is discipline for the officer; The parties to a police complaint would not reasonably expect that a police complaint would preclude a human rights application; The police complaint process is an investigation process ultimately controlled by the Chief of Police. She received a letter from the leasing company that contained the following: "I didn’t want to lease you a vehicle, but when you promised repeatedly to pay me on time, I let you have the van. Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, 2015 HRTO 1376. Mr. Haseeb was an international student on a visa at McGill University completing his engineering degree. The Board of Inquiry is not convinced that requiring the establishment of an "off-side" arrangement for pension benefits is appropriate in all the circumstances. Consolidation Period: From October 8, 2020 to the e-Laws currency date. Ms. Sehdev filed an HRTO application alleging discrimination in employment because of disability contrary to section 5 of the Code. Unfortunately, the company ceased operating and the Personal Respondent (the supervisor) declared bankruptcy. Supreme Courts widens scope of whistleblowing protection. Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the âCodeâ).In the case of Haseeb v.Imperial Oil Limited, the Ontario Human Rights Tribunal found that the company discriminated against the applicant based on his citizenship, which is one of the grounds of discrimination specified under the Code. The respondent was in a position to confer or deny a benefit to the applicant and she was completely dependent on him with respect to the number of hours she would be scheduled for. A few weeks after she started back at the job, the franchise owner pulled her into the office saying he was tired of accommodating her disability and fired her again. In March an Ontario judge ordered the federal government to pay 20 million Canadian dollars (C$) ($15.4 million) for violating the rights of thousands of inmates by holding them in solitary confinement for more than 30 days, with the money dedicated to mental health programs in the penal system. Last year was a year full of changes in employment law. The Supreme Court of Canada dismisses an appeal by Battlefords and District Co-operative Limited from a decision of the Saskatchewan Court of Appeal. Ms. Sehdev then requested a second reconsideration at the HRTO, even though such second requests are rarely requested and more rarely granted. Therefore, to distinguish benefits on the basis of disability constitutes discrimination. Eight yearslater, the Supreme Court of Canadahâ¦ The case centres on Alfred (Dewey) Pruden, who was 16 years old when his human rights complaint was heard last year. 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