Human rights damages awarded by Ontario court

January 19, 2014 0 COMMENTS

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 human rights damages in wrongful dismissal and other employment-related lawsuits, but none have succeeded until now. For the first time, the Ontario Superior Court has awarded damages for a breach of the Code in Wilson v. Solis Mexican Foods, 2013 ONSC 5799. read more…

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

May 10, 2010 0 COMMENTS

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 not being able to participate in the early retirement program being offered by the employer, Arcelor.

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More Amendments to Human Rights Legislation in Canada

September 28, 2009 2 COMMENTS

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 This comes as a response to growing dissatisfaction with outdated statutes and the lengthy processes in place to resolve complaints.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 and set the stage for other provinces to follow suit. Modifications to Ontario’s Human Rights Code followed in 2008, and those changes closely mirrored those put in place in British Columbia. Now it seems that Alberta is next in line.

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