Under section 46.3 (1) of Ontario's Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.
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Rule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed. This was the case in Howell v. United Steelworkers, Local 7135.