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. A recognized spouse is entitled to "roll over" the funds so that the monies are tax sheltered until they are paid out. It is not fatal to a finding of discrimination that not all persons in the group bearing the relevant characteristic have been discriminated against. Justicia for Migrant Workers intervened in OPT v Presteve Foods Limited and was represented by the HRLSC. The HRLSC represented a Black woman who was trying to find an apartment in which to settle before the birth of her baby. 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. You may find a decision that is about a factual situation that is similar to the facts in your human rights … The HRTO held the facts of the case raised exceptional circumstances and it was appropriate to consider Ms. Sehdev’s second request for reconsideration. McLachlin J. concludes that in defining the purpose of schemes, reference should not be made to specific disabilities and specific target groups, but rather to the broad purposes. On March 22nd, 2019, the Human Rights Tribunal of Ontario decided the case of Gallagher v. Human Rights Tribunal of Ontario. When she told him she was originally from the Caribbean, the landlord suddenly said the apartment was unavailable. Kane was ina long-lasting same-sex relationship with a woman who waskilled in a motor vehicle accident. Sopinka J., writing for the Court, rejects this argument. 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. Briggs v. Durham Regional Police Services, 2015 HRTO 1712. (No.5) (1992), 17 C.H.R.R. 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. Mannen was hired as a dental assistant by Dr. Spolia on March 27, 2017. To allow discrimination simply on the basis of statistical averages would only serve to perpetuate traditional stereotypes with all their invidious prejudices. While the Tribunal awarded $18,000 for the disability-related termination and $7,500 for the poisoned environment created by remarks about his sexual orientation, the ancestry portions of his human rights application were dismissed. to post the Ontario Human Rights Code card in a prominent place on their premises. 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 Tribunal found the employer fired Ben Saad because of “his attendance record, which I find was as a result of his injury and resultant disability.”. The Justice Centre intervened in the CMDS’ appeal of this ruling. It ruled that at the relevant time no other statistical data was available on which to base the risk classification of automobile drivers and that consequently there were reasonable and bona fide grounds to rely on the statistics that were available. It includes over 1,100 municipalities providing pension benefits to approximately 200,000 employees and 60,000 pensioners. The police officers argued they did their best to keep JKB and others safe in a situation in which JKB’s behaviours were creating a safety risk for herself and others, including the officers. Application for a declaration that the definition of spousein the Ontario Insurance Act was unconstitutional. Section 224(1) wasdiscriminatory contrary to section 15 of the Canadian Charterof Rights and Freedoms and was not saved by section 1. Her litigation guardian, her mother, filed an application at the HRTO alleging that JKB was subjected to differential treatment because of her race, when two police officers treated her in a manner that was lacking in the care and compassion by handcuffing and shackling her at her school. For more information about accommodation under Ontario’s Human Rights Code see: Your Right to Accommodation on our web site. The HRLSC represented tenants Walid Madkour and Heba Ismail. The three men practice the Muslim faith. 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. Following a brief (2-day) disability-related absence in February of 2014 he was called into the office and terminated from his employment. “the applicant was subjected to a disadvantage or adverse treatment, and that his race was a factor”; and, “the respondent’s employees’ conduct suggests that their treatment of the applicant was motivated by a stereotype that Black persons are criminal, or deviant.”, the restaurant to pay $10,000 in general damages, and. - train all of its employees with respect to the new human rights policy, the Code and the duty to accommodate. 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. A decision was released on May 14, 2019. 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 … there should be no reduction in Mr. Haseeb’s monetary compensation based on his dishonesty in the job application process because it was in response to Imperial Oil’s discriminatory conduct. They had given notice to their landlord that they were moving out and had a basic request: additional notice before prospective tenants entered their home. $15,000 financial compensation for the discrimination; $27,378 in lost wages from the date of her termination to the date she obtained new employment. 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. filed an HRTO application alleging discrimination in services because of disability contrary to the Code. $30,000 financial compensation for the discrimination and harassment. The company and its representatives did not appear at the hearing. It is also appropriate for it to consider the constitutionality of the other pieces of legislation which are directly linked to this complaint, including the PBA, the Municipal Act and the Municipality of Metropolitan Toronto Act. They wrote her a letter in which they stated that their passengers had to be in “good physical condition” and declined further services. The statutory language is neutral; the benefits apply equally to the husbands of female employees. In a dissenting judgment, Madam Justice L'Heureux-Dubé disagrees with the majority regarding the appropriate test to be applied under s. 21. In the instant case, the defined purpose of the scheme is to insure employees against the income-related consequences of becoming disabled and unable to work. Pregnancy is specifically included in the Code’s protection against discrimination based on sex. The HRLSC represented Darryl Wesley, an Indigenous man who is gay and deaf. 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. Royal Mail Group Ltd v Jhuti (Supreme … The Ontario Human Rights Code prohibits discrimination on the basis of sexual orientation but it still contains an opposite-sex definition of "spouse" and "marital status". The Court also rejects this argument. F.G. was a close family friend of the young woman’s parents, and agreed to supervise G.M. The case centres on Alfred (Dewey) Pruden, who was 16 years old when his human rights complaint was heard last year. O.P.T. Ms. Gibbs used up her sick leave, and then was paid benefits under an insurance policy that was part of the benefit package provided to employees pursuant to their collective agreement. The majority finds that there was no practical alternative. Since 1988, the PBA has required that pension plans provide benefits for surviving spouses in the form of a lump sum death benefit or a survivor pension. It would be inimical to the objects of human rights legislation if a practice could be immunized from scrutiny under this legislation simply because its discriminatory effects are contingent on uncertain future events. 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. The HRLSC hired expert Dr. Kerry Preibisch who provided evidence about the nature of migrant worker programs in Canada. The HRLSC represented a man with very low vision who had approached an employment agency for help finding a job. When he was in the salon, they were on tenterhooks.”, The Tribunal also found the women worked “until it became so intolerable that they understandably quit. was 15 years old when she was sexually harassed by her employer. When she became pregnant she advised her employer she would need to reduce her hours. is not relevant here. Both pre-judgment interest and post-judgment interest on the award. 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. 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. [1997] O.J. The Ontario Human Rights Commission (OHRC) was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code.The OHRC is an arm's length agency of government accountable to the legislature through the Ministry of the Attorney General of Ontario.. $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. In May 2014, A.M. was hired as a housekeeper at an upscale hotel in a historic building. She asked her employer to schedule her on straight day shifts as an accommodation under the Human Rights Code, on the ground of family status. During the hearing, the officers said that they repeatedly tried to verbally de-escalate the situation before JKB was restrained and handcuffed. the employer had violated the applicant’s rights to be free from sexual harassment and solicitation. 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. Therefore, to distinguish benefits on the basis of disability constitutes discrimination. It operates like a registered pension plan but without the significant tax advantages to the employee and the employer. As she was nearing the apartment, the landlord asked her where she was from. the HRTO properly exercised its remedial discretion, canvassed the range of damages in the case law, and applied the relevant legal principles in awarding $30,000; the HRTO reasonably applied the case law in finding the sexualized comments and conduct created a poisoned work environment; the HRTO reasonably found Ms. Qiu suffered reprisal for objecting to the toxic environment by being fired; and, the HRTO’s analysis, credibility assessments and factual findings were made independently and impartially and there was no bias, the application for judicial review be dismissed; and. [215]        What this means is that although it is possible the events around the applicant’s pregnancy may have been a factor in the termination decision, the evidence is insufficient to establish that it is more likely than not that it was. She felt terrified that she would run into Mr. Kellock. A.M. began calling in sick to work more frequently. 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. “Objectively, I find that the racial profiling and discrimination … experienced, which included being racially profiled by having his license plate checked because he was black, and ‘trying to catch him’ is a serious violation of the [Human Rights] Code. 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. 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.”. “Marisa endured daily humiliation at work, a place where she hoped to shine. The Co-operative argues that there was no discrimination based on mental disability, since the relevant term or condition of employment was an entitlement to insurance benefits under the policy, which all employees received equally. Molson Coors Breweries, 2019 BCHRT 192, the British Columbia Human Rights Tribunal (“Tribunal”) held that the decision to provide reduced benefits to … 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. The courts have no power (or jurisdiction) in those circumstances. 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 HRTO also found 2076831 Ontario Ltd liable for retaliating against Ms. Qiu, as they terminated her employment after she complained about her exposure to the workplace sexualized comments and conduct. Mr. DiSalvo required a ramp for the front door of his condominium townhouse. $15,000 financial compensation for the discrimination. He was offered a job conditional on providing proof of his eligibility to work in Canada on a permanent basis by way of a Canadian birth certificate, a Canadian citizenship certificate or a Canadian certificate of permanent residence. The provision of benefits was held to be a “service” under the Code. Human Rights Code. 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. Thornton v. North American Life Assurance Co. 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. At the hearing, the employer claimed that the worker was fired because her performance was slow, but the evidence showed that none of her colleagues were let go. The Court dismissed all these arguments as meritless. 186) has also failed to meet its procedural duty to accommodate the Applicant (Mr. DiSalvo).”. Without further delay. drugs, glasses, orthopedic shoes, chiropractor, basic and orthodontic dental plan). When the purpose is framed broadly with reference to the need which the plan seeks to address and without reference to specific injuries or specific groups of people, the nature of the disability becomes an irrelevant characteristic. 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. The Court concludes that Safeway's disability plan discriminated against pregnant employees because of their sex. Access collections and useful links for this jurisdiction on CanLII. The HRTO reviewed the Notice of Summary Hearing and other documentation indicating that the summary hearing was intended to address the question of whether the application against the association, but not only the employer, should be dismissed as having no reasonable prospect of success. With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. As she was 44 hours short of the qualifying period she was also denied Employment Insurance benefits. CUMBA is the insurer and administrator of the various medical benefit plans at Metro. Madam Justice McLachlin finds that Zurich Insurance has not discharged the onus of proof on it. 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. Wickham v. Hong Shing Chinese Restaurant 2018 HRTO 500. Valle v. Faema Corporation 2000 Ltd., 2017 HRTO 588. that A.M. was particularly vulnerable given her personal history and the events she experienced had a severe impact on her. A Registered Compensation Arrangement ("RCA") is an "off-side" plan funded outside the regular pension plan. He was offered a job, conditional upon providing documentary proof of citizenship or permanent residency. Alternative statistical bases of risk classification were not available at the time. The employer agreed to a period of three months, then refused when she asked for an extension of time. 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. 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. Ahmed v. T-Zone Health Inc., 2016 HRTO 1062. The woman then phoned the head office and they arranged to have her reinstated to her position. These obligations are set out in Ontario’s Occupational Health and Safety Act (OHSA) and require that employers with more than five employees have a policy and procedure dealing with workplace violence and harassment. 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. She became disabled in 1987 as a result of a mental disorder and was unable to work. The HRLSC represented NK in her human rights application against her former supervisor. The Tribunal ordered the restaurant owners to: The HRLSC represented a woman who had been harassed at her workplace, a resort in Northern 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. Three women worked as receptionists at a hair salon until ongoing sexual harassment left them unable to continue. Supreme Courts widens scope of whistleblowing protection. The Tribunal found that “(The landlord) appeared to take the position that he was entitled to substitute his judgement for that of the Dixons as to what they needed and where and how they should live … Both persons with disabilities and persons on social assistance tend to be subjected to harmful stereotyping as well as societal barriers that have an effect on their dignity.”, Mr. Jakobek’s condominium refused to allow him to park his scooter in one of the parking spots he owns. He responded that she would be fired. The HRLSC represented Ms. Abrams in her application alleging that her firing was connected to her pregnancy. She worked as a cleaner for a year, which paid substantially less than what she earned before. The HRLSC successfully argued the Belleville landlord discriminated against Mr. Sharpe on the basis of receipt of social assistance. The officer claimed that the applicant matched the initial description of a suspect in a robbery (a “tall Black man wearing a hoodie”) that had taken place a few minutes earlier at a convenience store several kilometres away. that Imperial Oil’s policy of requiring a job applicant to disclose in writing and verbally that she or he is a citizen or permanent resident of Canada was prohibited conduct under sections 23(1) and 23(2) of the Code; and. In this case, the insurance plan was designed to insure employees against the income-related consequences of becoming disabled and unable to work. the co-worker who made the sexualized and racist comments was ordered to take human rights training. The Ontario Human Rights Commission (OHRC) was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code.The OHRC is an arm's length agency of government accountable to the legislature through the Ministry of the Attorney General of Ontario.. The Divisional Court found no error in the Board of Inquiry’s interpretation of section 25(3)(a) and found that Mr. Thornton’s HIV statu… 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. Health ... the Human Rights Tribunal of Ontario has ruled. The two applicants (who originally numbered 39) were represented by Unifor. HELD: Application allowed. 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. ... and emergencies. On September 2, 2014, she texted Mr. Kellock asking for the letter. profiling) should not be dismissed simply because the person had already had an OIPRD complaint dismissed. Under the proposed test, discrimination is determined by examining the true purpose of the insurance plan. 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. 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. Faema and Di Donato were found to be jointly and severally liable for the discrimination against Valle. 2.The opposite-sex definitions of "spouse" in the Municipal Act and the Municipality of Metropolitan Toronto Act are to be read down in connection with the authority of municipalities to enter into contracts to provide insured benefits (including health plans) for their employees, their spouses, and children. 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. Health ... the Human Rights Tribunal of Ontario has ruled. On July 18, 2017 Ms. Mannen was fired, after having trained her intended replacement. The Tribunal rarely orders an interim remedy – making an order before the case has been fully heard. In late June 2014, A.M. asked Mr. Kellock for a reference letter, which she wanted to support her pardon application. The HRTO considered all the evidence and found that, but for Imperial Oil’s discrimination by considering Mr. Haseeb’s permanent eligibility to work in Canada as a factor in its decision not to hire him, Mr. Haseeb would have been hired based on his top ranking in the job competition and the offer of employment that was actually made to him. A pension plan which provides such benefits is subject to deregistration under the ITA and the loss of significant tax advantages. 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. The Tribunal later held a separate hearing to determine the appropriate remedial order given its finding that Imperial Oil violated Mr. Haseeb’s human rights. 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