Andrew Wray is a panelist at the Law Society of Upper Canada’s 4th Annual Human Rights Summit on November 30, 2015. Andrew is presenting a paper entitled “Under the Microscope: Judicial Review of Human Rights Decisions”, co-authored with Niiti Simmonds and Dina Awad of Pinto Wray James LLP.
By Andrew Pinto and Dina Awad
Few areas of employment law cause as much confusion as the duty to accommodate persons with disabilities in the workplace. Under the Ontario Human Rights Code ("Code"), every person has a right to equal treatment with respect to employment without discrimination because of disability. More >>
By Andrew Wray and Niiti Simmonds
This paper will provide an overview of the common features of Long Term Disability (“LTD”) insurance contracts, and will provide a primer on the remedies and damages available in LTD litigation. Finally, we will offer practical tips on managing LTD litigation. More >>
In December 2013, Precedent magazine (www.lawandstyle.ca
) published an opinion piece by Andrew Pinto regarding the rise of “non-disparagement” clauses in employment law. Such clauses prohibit employees from speaking negatively about their former employer or workplace colleagues in perpetuity. Read Andrew’s opinion piece and learn more about how this may affect you or your business in the related Precedent podcast.
By Patrick James
and Robert Tarantino
For most of us, the summer season brings with it opportunities to travel and enjoy the great outdoors. For students, summer represents a valuable opportunity to gain employment experience. Hiring a summer student or intern can help many lawyers and firms accomplish what needs to get done, while allowing regular employees to take well-deserved breaks.
Best Practice – Treat Interns and Summer Students like Employees
While it is always tempting to try to get something for nothing, beware of bringing in any summer students or interns on an unpaid basis. By hiring a person to do work for you for no pay, you run a real risk of breaching the minimum employment standards and wage requirements under the Employment Standards Act, 2000 (“ESA”). Under the ESA, the general rule is that anyone doing work for an employer is considered an employee. More >>
By Niiti Simmonds
In 2008, legislative amendments to the Ontario Human Rights Code (“Code”) removed the right of parties to appeal decisions of the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”) to the courts. With the removal of appeal rights, decisions of the HRTO can now only be revisited by way of a judicial review before the Divisional Court of the Ontario Superior Court of Justice.
Although the 2008 legislative changes intended to narrow the circumstances in which HRTO decisions can be reviewed by the courts, decisions of the HRTO are often perceived as vulnerable to review, compared to other administrative decision-makers.
This paper provides an overview of HRTO cases that have come under review by the Divisional Court and the Ontario Court of Appeal since 2008. Key judicial review cases are surveyed in order to analyze and identify aspects of human rights decision-making that attract judicial intervention. More >>
By Andrew Pinto and Niiti Simmonds
In this age of WikiLeaks, social networking and The Millennium Trilogy, the issue of disclosure is both front page news and bedside reading. At its best, disclosure can separate truth from fiction; at its worst, disclosure can simply bury the truth with fiction, and kill more trees. The right to disclosure is a vital component of procedural fairness in administrative proceedings, and originates in the principle audi alteram partem. More >>
By Andrew Pinto and Niiti Simmonds
As a result of Bill 168, the Occupational Health and Safety Act, (the “OHSA” or “Act”) now imposes obligations on employers to maintain policies and programs with respect to preventing both workplace violence and harassment. While the requirement to maintain such policies and programs is well established, what is less certain is what remedies will be available to an employee who brings a complaint regarding workplace violence or harassment. More >>