The Boyce decision establishes that at least in some instances injured workers are free to attempt to concurrently pursue Human Rights Code remedies against their employer even if the WSIB has ruled in the employer’s favour with respect to whether work is suitable
Jeremy D. Schwartz / About Author
Related Posts
Superior Court Applies the “Johnstone Test” for Family Status Discrimination in Wrongful Dismissal Action
By: Jeremy Schwartz and Frank Portman We have written before on the decision of the Federal Court of Appeal in Johnstone…
04 Feb 2015
Back to Basics: HRTO Follows Figliola and Refuses to Allow Relitigation of WSIB Claim
In 2011, the Supreme Court of Canada released its decision in British Columbia (Workers’ Compensation Board) v Figliola (“Figliola”). The Figliola decision addressed the…
05 Dec 2014
2015 Q2 StringerLLP HR Law Webinar, Segment 2: Record Setting Human Rights Damages
Jessica Young discusses a recent record setting human rights damages award.
22 Jul 2015
2014 Q2 StringerLLP HR Law Webinar, Segment 4: FCA Establishes New Family Status Test
Allison Taylor discusses the recent Federal Court of Appeal decision which outlined a new, balanced test for family status discrimination…
23 Jul 2014
Zero Tolerance Policies and Medicinal Marijuana
Marijuana will soon be legal for recreational use nationwide and many employers are scrambling to respond to the challenges this…
28 Sep 2018
Rising Tide of Human Rights Damages
Ryan Conlin and Frank Portman discuss the disturbing trend of increasingly large general damages awards in human rights litigation.
25 Jun 2014
Alberta Human Rights Tribunal Awards Five Years of Back Pay and Reinstatement
In a decision that will surely draw attention across the country, the Alberta Human Rights Tribunal has awarded an employee 5 years…
21 Feb 2013
What you Need to Know About the New Voluntary Workplace Mental Health Standard
The Psychological Health and Safety in the Workplace – Prevention, promotion and guidance to staged implementation (the “Standard”) was released by the…
04 Jun 2013
Alberta Human Rights Tribunal Awards Employee $650,000 – Kelly McDermott
Alberta Human Rights Tribunal Awards Employee $650,000 – Kelly McDermott
09 Sep 2010
Navigating the Attendance Management Minefield in the COVID era
On September 4, 2020, Ryan and Jeremy discussed the legal tightrope in terms of employee attendance management, that employers must…
04 Sep 2020
Responding to human rights harassment complaints: Guidelines from the HRTO
You are an employer that has just received a harassment complaint from an employee. The complaint is against a valued…
28 Mar 2013
Stress Claim Tsunami: New Approach to WSIB Stress Claims
Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act…
29 May 2014
Ontario Human Rights Tribunal Opening the Door to Duplicative Litigation?
Since the Supreme Court decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”), the Human Rights Tribunal of Ontario (the…
11 Sep 2013
Human Rights Tribunal Finds Discrimination in Request for Medical Information
In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant…
24 May 2013
Preferential Treatment for Employees with Active WSIB Claims not Discriminatory
The Human Rights Tribunal of Ontario (the “Tribunal”) recently held that it is not discriminatory for employers to treat disabled…
25 Oct 2017