Tag: Ontario Human Rights Code

Union blog’s sexist comments about manager constitutionally protected, not discriminatory, says court

by Nicole Singh Canadian tribunals have consistently ruled that communications by employees on social media can be viewed as an extension of the workplace. Improper communication on such platforms can therefore be considered a form of workplace discrimination under Canadian human rights laws. Discipline or termination can sometimes be appropriate. However, in the decision Taylor-Baptiste […]

Benefits beyond age 65?

By Marc Rodrigue The laws that generally provided for mandatory retirement in Canada have been eliminated. Across Canada, with very few exceptions, employees generally cannot be forced to retire at age 65. But can their benefits be cut off at age 65? Even if employers are permitted to cut off benefits to workers 65 and […]

Human rights damages awarded by Ontario court

By Eowynne Noble In 2008, Ontario’s Human Rights Code was revised to specifically permit Ontario courts to award damages for breaches of the Code. Before this, it was only the Human Rights Tribunal that had jurisdiction to award damages for human rights violations in Ontario. Since then, Ontario plaintiffs have made many attempts to obtain […]

Do Age-Based Early Retirement Programs Violate Human Rights Code?

By Ralph Nero and Ida Martin Are pension plans that provide age-based early retirement programs discriminatory? In a decision that may be important across Canada, the Ontario Human Rights Tribunal has recently answered no. In Kovacs v. Arcelor Mittal Montreal, Kovacs argued that he had been discriminated against on the basis of his age by […]

More Amendments to Human Rights Legislation in Canada

by Katie Clayton and Farrah Sunderani Over the past couple of years, human rights legislation across Canada has undergone a period of transition. This comes as a response to growing dissatisfaction with outdated statutes and the lengthy processes in place to resolve complaints. Amendments to the British Columbia Human Rights Code were proposed in 2002 […]