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(Ontario/Canada)

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TOPICS

Human Rights

LEGAL GUIDE (ONTARIO) (01 March 2019)
  1. Overview

    SUBSTANTIVE LAW

  2. Protected Activities
  3. Prohibited Grounds
  4. Discrimination
  5. Forms of Discrimination
  6. General Exceptions

    PROCEDURAL LAW

  7. The Tribunal and its Powers
  8. Private Applications
  9. Commission Applications
  10. Parties
  11. Motions
  12. Summary Proceedings
  13. Pre-Hearing Procedures
  14. Service
  15. Evidence
  16. Hearings
  17. Remedies and Offences
  18. Commission Role
  19. Reconsiderations
  20. Judicial Review

    Updating
CASES

GENERAL

Human Rights - Administrative Tribunal Jurisdiction
Human Rights - Equality versus Freedom
Human Rights - Human Rights versus Labour
Human Rights - Statutory Interpretation
Human Rights - International Treaties

BHADAURIA

This section addresses the fall-out from the Seneca College v Bhadauria (SCC, 1981) case that barred civil actions for the tort of discrimination. The 'exclusive jurisdiction' tribunal systems that this has given rise to have long been shown to be inadequate and inept.

Human Rights - Bhadauria [Tribunal Exclusivity]
Human Rights (Ont) - Bhadauria - Human Rights Code Exception [HRC 34(11)]
Human Rights (Ont) - Bhadauria - Labour Relations Act Exceptions
Human Rights (Ont) - Bhadauria - Residential Tenancies Act Exception

ONTARIO

HRTO
Human Rights (Ont) - Human Rights Tribunal of Ontario (HRTO)

Discrimination
Human Rights (Ont) - Discrimination - General
Human Rights (Ont) - Discrimination - Adverse Effect
Human Rights (Ont) - Discrimination - Prima Facie
Human Rights (Ont) - Discrimination - Constructive
Human Rights (Ont) - Discrimination - Direct versus Indirect
Human Rights (Ont) - Discrimination - Evidence
Human Rights (Ont) - Discrimination - Underinclusive Benefits

Principles
Human Rights (Ont) - Bona Fide Occupational Requirement
Human Rights (Ont) - Duty to Accomodate
Human Rights (Ont) - Vicarious Liability
Human Rights (Ont) - Reprisal

Activities
Human Rights (Ont) - Citizenship

Grounds
Human Rights (Ont) - Discrimination - Mental Impairment
Human Rights (Ont) - Sexual Harassment
Human Rights (Ont) - Family Status

Procedures
Human Rights (Ont) - Summary Dismissal (+)
Human Rights (Ont) - Limitations [s.34(1)]Human Rights (Ont) - Reconsiderations
Human Rights (Ont) - Time Extensions
Human Rights (Ont) - Disclosure
Human Rights (Ont) - Control of Process

Remedies
Human Rights (Ont) - Remedies

Other
Human Rights (Ont) - Gate-Keeping
Human Rights (Ont) - Standing
Human Rights (Ont) - Insurance Exceptions
Human Rights (Ont) - Settlement
Human Rights (Ont) - 'Special Programs' [HRC s.14]

Appeals/Judicial Review
Human Rights (Ont) - Record of Proceedings
Human Rights (Ont) - Standard of Review

FEDERAL

General
Human Rights (Fed) - General

CHRC
Human Rights (Fed) - Canadian Human Rights Commission (CHRC)

Discrimination
Human Rights (Fed) - Discrimination
Human Rights (Fed) - Discrimination - Compound

Principles
Human Rights (Fed) - Bona Fide Occupational Requirement
Human Rights (Fed) - Duty to Accomodate

Procedures
Human Rights (Fed) - Investigation
Human Rights (Fed) - Post-Investigation Screening
Human Rights (Fed) - Frivolous
Human Rights (Fed) - Complaints

Activities
Human Rights (Fed) - Services

Grounds
Human Rights (Fed) - Family Status
Human Rights (Fed) - Disability
Human Rights (Fed) - Sexual Harassment

Other
Human Rights (Fed) - Standing

ONTARIO STATUTES

Discriminatory Business Practices Act
Human Rights Code

FEDERAL STATUTES

Canadian Human Rights Act
Employment Equity Act

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Last modified: 23-10-24
By: admin