Practice Areas

Discrimination and harassment take many forms, and when it is based on who someone inherently is, it contravenes human rights law. In Canada, legislation prohibits discrimination in specific social areas (employment – housing – goods, services and facilities – contracts – membership in associations) and on specific prohibited grounds (race – colour – ancestry – place of origin – citizenship – ethnic origin – creed/religion – receipt of social assistance (housing only) – age – gender identity – gender expression – sexual orientation – marital status – family status – record of offences (employment only, must have been pardoned) – disability – sex (includes pregnancy and sexual harassment).

Essentially, the test for discrimination is: 

(1) a distinction or unequal treatment; 

(2) based on a prohibited ground; 

(3) that results in a disadvantage or adverse impact.

The Human Rights Tribunal of Ontario can award money for general damages (injury to dignity, feelings and self-respect) and special damages (lost wages, medical expenses, etc.). The HRTO can also order non-monetary remedies, such as reinstatement of employment and measures for future organizational compliance. There is no maximum limit on general damages at the HRTO. 

In some cases, there may be more than one forum to litigate, and deciding which forum is preferred depends on various considerations. If applicable and relevant to the proceedings, human rights issues can and must be raised in other jurisdictions.