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reasonable prospect of success

By Kevin Sambrano, Sambrano Legal Services | 2 Minutes Read May 13, 2016

Summary hearings at the HRTO: Is an alternative explanation enough?

When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / 2016 HRTO 428, ancestry, collaborative agreements, colour, discrimination in employment, human rights code, Human Rights Tribunal of Ontario, interim decisions, Kevin Sambrano, Lomotey v. Kitchener Waterloo Multicultural Centre, not-for-profit, ontario, place of origin and ethnic origin, prohibited grounds, race, race and colour, racial profiling, racism, reasonable prospect of success, Reis v. Mississauga, Rule 19A.6, stereotypes, Summary Hearings, Tribunal process, Tribunal’s Rules of Procedure

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read November 25, 2015

Tribunal orders pharmacy to pay $8,000 as a result of racial profiling

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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Employment Standards, Human Rights / 2010 HRTO 760 (CanLII), anti-Black racism, balance of probabilities, Caldeira v. 2068006 Ontario, colour, discrimination, employer’s vicarious liability, employment law, harassment, hrto, human rights code, Human Rights code of Ontario, Kevin Sambrano human rights Toronto, McCarthy v. Kenny Tan Pharmacy Inc.., Ontario Human Rights Tribunal, Peel Law Association v. Pieters, poisoned work environment, policies and procedures, race and colour, racial profiling, racism, reasonable prospect of success, Sambrano Legal, Shoppers Drug Mart

By McCarthy Tétrault LLP | 4 Minutes Read September 3, 2014

Employers should take advantage of Human Rights summary hearings

A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit). All cases were to now go directly to the Tribunal for adjudication. Applicants (who are primarily employees) would have “direct access” to the Tribunal.

Article by McCarthy Tétrault LLP / Employee Relations, Human Rights / discrimination, employment law, human rights application, human rights code, human rights commission, Human Rights summary hearings, human rights system in Ontario, human rights tribunal, investigate complaints, reasonable prospect of success, summary hearing process

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