ontario human rights cases 2019
The applicant was outside an LCBO store in Toronto when he was stopped by a police officer, questioned, handcuffed and searched. The Tribunal dismissed the application and found that there was insufficient evidence:  The financial documents filed into evidence by the respondent show that the studio where the applicant was the manager was consistently operating at a loss and its monthly sales were lower than average. It has long been held that the purpose of lost wages awards is to restore an applicant, as far as is reasonably possible, to the financial position they would have been in, had the discrimination not happened. 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. However, some stakeholders in the housing sector are under the mistaken impression that no-smoking policies are discriminatory. The applicant was later released when a further description of the robbery suspect was issued. However, the fact that there is a statistical correlation between age, sex and marital status, and insurance losses does not fully satisfy s. 21. read End solitary confinement, says Ontario human rights commissioner in wake of Adam Capay case Patrick White Published February 26, 2019 Updated February 27, 2019 He felt he was singled out and subjected to unnecessary aggressive treatment because of his race. to deliver the new policy within six months to Ms. Lugonia’s lawyer at the HRLSC. Ms. Qiu worked for a used car dealership as a bookkeeper for about 4.5 years. 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 next day, when she saw him in the hallway, he glared at her then slammed his office door closed. On June 27, 2017, Ms. Mannen found out she was pregnant. $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 HRLSC represented a long-term factory worker who was fired immediately upon return from a medical leave. “compelling evidence” in the form of emails, texts and testimony that Mr. Emra had been dismissed from his accounting position because of his disability. However, if the disability in question was a mental disability, the replacement income would terminate after two years, even if the person was unable to resume employment, unless the employee remained in a mental institution. Subject to these concerns, she agrees with the judgment of Sopinka J. William Dwyer and Mary-Woo Sims allege that the Municipality of Metro Toronto discriminates against lesbian and gay employees who have partners of the same-sex with respect to three categories of employment benefits: uninsured benefits (such as leave to care for ill dependents); insured benefits (such as extended health); and survivor pension entitlement. Statistical evidence shows that young, male drivers are involved in proportionately more, and more serious, accidents than other drivers. The Court sets aside the decision of the Manitoba Court of Appeal with costs of the proceedings before the Manitoba courts and the Supreme Court and remits the complaints to the Board of Adjudication for determination of the appropriate remedy. The Dixons asked the landlord to modify the building entrances and repeatedly asked for a transfer to a ground floor apartment because the elevators were unreliable. The HRLSC represented her at a hearing before the Human Rights Tribunal of Ontario. The HRTO issued this second decision to determine what remedy Mr. Haseeb was entitled to from Imperial Oil as a result of the company’s human rights violations. She had been excited about the co-op, but then decided not to pursue this trade.”, George v 1735475 Ontario Limited, 2017 HRTO 761, The HRLSC represented Nathan George in his human rights application against his employer Stan Seto. The Board of Inquiry finds that it has the authority to consider the constitutionality of its enabling statute, the Ontario Human Rights Code. The Tribunal held that given that given the differences between a human rights application and a police disciplinary proceeding, it would be unfair for one to preclude the other, for the following reasons: A hearing on the merits has yet to proceed. Considering remedies, the Board of Inquiry concludes that with respect to pension benefits the stumbling block to equality for same-sex spouses is the opposite-sex definition in the ITA. This does not satisfy the burden of proof. Because of this provision, Ms. Gibbs’ insurance benefits were terminated in March 1990. ... and emergencies. The Tribunal found that “there was no evidence showing that the additional five-minute notice requested by the applicants would have had any impact whatsoever on the respondent’s ability to rent the apartment.”, The landlord was also found to have harassed the tenants by making “the comment ‘welcome to Ontario Canada’, the making of loud pounding noises outside the applicants’ door shortly after making that comment, and the respondent’s refusal to remove his shoes when entering the applicants’ prayer space.”, The HRLSC represented tenant Janice Gricken in her human rights application against her landlord. Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. Consolidation Period: From October 8, 2020 to the e-Laws currency date. The Board of Inquiry accepts this as a valid legislative objective. However, she finds that there is no causal connection established between being young, single and male and being a higher risk with respect to automobile safety. Consolidation Period: From October 8, 2020 to the e-Laws currency date. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640. 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. Molson Coors Breweries, 2019 BCHRT 192, the British Columbia Human Rights Tribunal (“Tribunal”) held that the decision to provide reduced benefits to … $10,000 in general damages to the applicant for the discrimination; $1,927 for the applicant's lost wages; and. that A.M. was particularly vulnerable given her personal history and the events she experienced had a severe impact on her. Spouse was defined in section 224(1) of the Act aseither of "a man and a woman" in certain designatedrelationships. 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. Those with mental disabilities received less than those with physical disabilities. The following day, the residence cancelled the applicant’s shifts for the foreseeable future, due to the allegations of assault the respondent made against her. She shoved him away and quickly left the office. It cannot prove that there is no practical alternative because it does not have the statistical data necessary to do so. $25,500 in general damages as financial compensation for the discrimination; the employer must take human rights training; and, Ms. Lugonia’s evidence was more credible; and, that “there were absolutely no signs of any dissatisfaction on the respondent’s part as of the end of the applicant’s third shift and suddenly she was terminated at the beginning of her fourth shift.”. Not to compensate pregnant employees for legitimate health-related absences goes against the purpose of human rights legislation which is to remove unfair disadvantages suffered by groups. He finds that while each employee enjoyed the same "peace of mind" from the insurance before any risk materialized, the insurance plan also provided a significant benefit to employees after the risk of disability materialized and this benefit was not distributed equally. The Board of Inquiry dismissed the complaint. Ms. Mannen’s pregnancy was a factor in Dr. Spolia’s decision to terminate her employment; that there was no credible explanation for the sudden decision to advertise and hire a new dental assistant and the hiring of a new dental indicated that Dr. Spolia had decided to terminate Ms. Mannen’s employment; and. In its decision, the Tribunal noted that Ms. Granes described the human rights process as a way of “taking back what is hers, making her own decisions about her body and letting go of her fears.”. EXPLANATORY NOTE The Bill enacts the United Nations Declaration on the Rights of Indigenous Peoples Act, 2019.. filed an HRTO application alleging discrimination in services because of disability contrary to the Code. Kane claimed that this definition of spouse, asit affected her right to claim a death benefit under the No-Fault Benefits Schedule, was unconstitutional. The courts have no power (or jurisdiction) in those circumstances. 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. The majority finds that the premiums were based on sound and accepted insurance practices. 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. Only women are affected by this form of discrimination and they are discriminated against because of their gender. $18,000 financial compensation for the discrimination and harassment; implementation of a sexual harassment policy within 90 days. The incidents escalated to forced sexual activity on a number of occasions. What happened next was the subject of a five-day hearing before the Human Rights Tribunal of Ontario. See Settlements at Mediation for examples of how the HRLSC negotiated changes to business practices to prevent discrimination from happening to someone else. $20,000 compensation for the discrimination; $9,440 to the applicant for her wage losses; the restaurant to adopt a written policy for dealing with complaints of harassment and discrimination in the workplace, including a complaint procedure; and, the restaurant shall provide mandatory training to its employees, the employer to continue to schedule her on straight day shifts; and, clarified that the “order is effective immediately and remains in effect until: the Application is concluded by way of settlement or adjudication; the applicant advises the respondent that she has obtained childcare that enables her to return to the rotating shift schedule; or, further order of the Tribunal.”. In the first case, on behalf of Mr. DeLottinville, the Court upheld the right to pursue a discrimination claim against a police officer at the Human Rights Tribunal, notwithstanding a prior discipline complaint under the Police Services Act. Peel cops had ‘no alternative’ but to handcuff 6-year-old Black girl at school, police lawyer argues in human rights case By Wendy Gillis Crime Reporter Wed., May 29, 2019 timer 4 min. A small measure of justice has been achieved and we hope retail managers and their security personnel take note,” said Beth Walden, McCarthy’s lawyer from the Human Rights Legal Support Centre. $15,000 in general damages for the harm caused by the discrimination. 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 majority of the Supreme Court of Canada finds that charging higher automobile insurance premiums to young, unmarried, male drivers is prima facie discriminatory and contravenes the Ontario Human Rights Code. Her teacher had recommended the business because two other students had done their co-op placements there. When she became pregnant she advised her employer she would need to reduce her hours. J.L. Now this is how you show your gratitude, by lying, cheating and stealing from me. Imperial Oil argued (a) its requirement for the permanent ability to work in Canada was a bona fide occupational requirement (BFOR); and (b) Mr. Haseeb’s dishonesty about his ability to work on a permanent basis during the interview process was the reason the offer was withdrawn. Many cases are resolved before a hearing takes place at the Human Rights Tribunal of Ontario. The other legislation that is implicated here contains similar definitions. in a multiple exceptionality classroom for the 2010-2011 school year because they believed that a placement focused on J.L’s autism disorder would better accommodate his learning needs at the school. She testified that “she was upset, shaken up, caught off guard and embarrassed. Kane was accordingly awarded judgment of the$25,000 death benefit. When Emile asked other customers whether they had to pre-pay for their meals, they said they had not. H.T. Gaining Momentum The smoke-free multi-unit housing trend in Canada is gaining momentum as more landlords and housing providers realize the many benefits of a no-smoking policy. The statutory language is neutral; the benefits apply equally to the husbands of female employees. The HRTO found 2076831 Ontario Ltd liable for breaching Ms. Qui’s right to be free from discrimination in employment because of her sex. that Imperial Oil’s hiring policy requiring permanent residence directly violated section 5(1) of the Code and was not saved by any defence available in the Code. is not relevant here. Mr. Haseeb claimed the policy breached section 5(1) of the Code, based on his place of origin, citizenship and ethnic origin. Eligible spouses are the opposite-sex partners of employees, either married or common law. The Court also finds that the insurance context which was relevant in Zurich Insurance Co. v. Ontario (Human Rights Comm.) The Centre argued that race was the predominant reason the applicant was stopped and this constituted racial profiling. As difficult as it was, she chose to send a clear statement to her employer by taking legal action.”, Ben Saad v. 1544982 Ontario Inc., 2017 HRTO 1, Ben Saad came to Canada from Tunisia to support his family. 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. Such a result seems contrary to the purpose of human rights legislation, especially given the particular historical disadvantage facing mentally disabled persons. She also argued that Dr. Spolia fired her as a result of her pregnancy. When she spoke to her employer about the manager’s discriminatory comments, her employer replied that she had ‘attitude.’ After the woman and her employer argued about this, she left the restaurant and was told she could not return to work. In the case of Haseeb v. - train all of its employees with respect to the new human rights policy, the Code and the duty to accommodate. On September 2, 2014, she texted Mr. Kellock asking for the letter. Dr. Spolia also promised that her pregnancy would not affect her job. That it does not know if there is a practical alternative is not a defence. With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. however, remained placed in the classroom throughout high school until graduating in 2015. Imperial Oil Limited, 2019 HRTO 271 (CanLII) by Andrew Monkhouse — Monkhouse Law Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the “ Code ”). Without further delay. Michelle Jaques worked at Tosh Steakhouse for three years. The Tribunal decided that the officer had reasonable grounds for stopping the applicant and did not arbitrarily choose to stop him because he was Black. financial compensation of $25,000 for the discrimination; $16,399.29 for bonuses and raises denied as a result of the discrimination; the company to review and change its human rights policy and distribute the new policy to every employee; and, the company to train management and executive employees on the rights and obligations of the employer under the, E.T.’s employer had created a “poisoned work environment” in which she felt forced to give him a massage or lose her job; and, “warnings that she not engage in sexual activity with Black people” formed part of the “sexual harassment and racial harassment experienced by the applicant.”. Ms. Sehdev argued the HRTO Rules of Procedure 26.5(b) and (c) applied to her case in that she was entitled to notice, but through no fault of her own, did not receive notice of any summary hearing about her allegations against her employer and the HRTO deemed abandonment decision was in conflict with HRTO case law and procedure and involved a matter of public importance. Joseph Briggs went to buy a sandwich. the co-worker who made the sexualized and racist comments was ordered to take human rights training. During that time he did have occasional absences related to his disability and was under the care of a doctor. It operates like a registered pension plan but without the significant tax advantages to the employee and the employer. Gaining Momentum The smoke-free multi-unit housing trend in Canada is gaining momentum as more landlords and housing providers realize the many benefits of a no-smoking policy. On June 29, 2019, the Human Rights Tribunal of Ontario (the “ HRTO ”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. The HRLSC represented Darryl Wesley, an Indigenous man who is gay and deaf. They did in this case because the HRLSC argued there were extremely serious consequences for the nurse and her family. The second case, K.M. Typical Indian.". The fact that Zurich Insurance cannot prove that there is no practical alternative does not mean that there is no practical alternative. R.S.O. The HRLSC successfully argued that an employee who had worked at a donut shop for five years had been subjected to discrimination on the basis of age, family status, marital status and disability. The Supreme Court repudiates Bliss, stating that Bliss was decided wrongly or in any case would not be decided now as it was then. Diane Atterbury says that in November 2013 the location was closed permanently due to poor sales. Discrimination against a sub-set of the group, in this case those with a mental disability, can be considered discrimination against persons with disabilities. The employer agreed to a period of three months, then refused when she asked for an extension of time. In her dissenting judgment Madam Justice McLachlin agrees with the majority regarding the test to be applied, but concurs with L'Heureux-Dubé regarding the result. Preamble. With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. 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. The HRLSC represented a Black woman who was trying to find an apartment in which to settle before the birth of her baby. Vriend v. Alberta,  1 SCR 493. - develop new human rights policies He continued to come by her home on her off days and would show up at her new workplace. $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. Di Donato testified at the Tribunal that it was “easier” to hire Italians and justified his comments by adding “When Italians see a cheese grater, they know what it is.”, Valle testified that “she had come to Canada to build her life and career and lost that opportunity.”, “Marisa refused to simply walk away,” commented Emily Shepard, Valle’s lawyer from the Human Rights Legal Support Centre. The following are a selection of decisions from the Human Rights Tribunals in BC and Ontario that were rendered during the month of July, 2019. The agency assured him they could help him with his search, but then they consistently failed to provide him with accommodation, for instance they did not give him documents that were accessible. She was scared to work alone for fear that Mr. Kellock would sneak up on her. If you have filed a human rights application, or are considering doing so, it can be helpful to read decisions of the Human Rights Tribunal of Ontario that deal with other cases similar to your own. Both pre-judgment interest and post-judgment interest on the award. The respondent threatened to fire the applicant or cut her hours if she stopped seeing him. v. Image Printing and Signs, 2012 HRTO 1197. Puniani v Rakesh Majithia CA Professional Corporation, 2017 HRTO 1335. the evidence supported an inference that the applicant’s medical leave was a factor in the decision to select her as the employee who would be laid-off. The Tribunal found that the WSIB decisions regarding benefits are “services” under the Code and that WSIB decision makers are not covered by the doctrine of judicial immunity. The Tribunal rarely orders an interim remedy – making an order before the case has been fully heard. Ontario Human Rights Tribunal Orders Employer to Pay $120,000 in Damages to Worker It Didn’t Even Hire Jon Pinkus, Financial Post, October 9, 2019 A recent award from Ontario’s human rights tribunal should have employers carefully reviewing their HR policies and emailing their employment lawyers. Finally, there is not a proportionality between the effects of the measures (the denial of benefits to same-sex spouses) and the objective of ameliorating female poverty. The HRLSC represented Ms. Granes at her hearing. During their interaction with JKB, the officers placed her on her stomach and cuffed her at the wrists and ankles. Health ... the Human Rights Tribunal of Ontario has ruled. 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