The duty to accommodate a disability may feel like a burden to some employers. It prevents them from applying a one-size-fits-all approach to employees and the workplace. However, with a better understanding of the duty and a framework for approaching accommodation requests, employers may find the process clearer, more predictable, and far less burdensome than anticipated.
With the shift in demographics and the limited availability of public support systems, employers are seeing more employees struggle to balance work and caregiving, leading to more accommodation requests. More employers struggle to understand what workplace policies and legal obligations apply in such circumstances, leading to an increase in discrimination claims on the basis of family status.
For nearly three decades, I’ve practiced law while living with endometriosis and adenomyosis—two chronic conditions that are often misunderstood, underdiagnosed, and invisible to the outside world and that often exist in tandem with other disabilities/ complications. Practicing law is demanding on the best of days. Add chronic illness to the mix, and the challenges multiply but so do the lessons.
The Ontario Human Rights Tribunal’s decision in Cloutier v. Back Country Tours Inc.i is a reminder that ignoring legal obligations—both substantive and procedural—can substantially increase liability under the Human Rights Code (the “Code”). Additionally, the decision highlights the Tribunal’s “no nonsense” response to employer non-compliance and a party’s failure to participate meaningfully in the proceeding.
The Human Rights Tribunal of Ontario’s decision in Cillis v. Hamilton-Wentworth District School Board (2025 HRTO 1717) clarifies the limits of an employer’s duty to accommodate under the Ontario Human Rights Code. It addresses whether emotional discomfort during accommodation amounts to discrimination. The Tribunal’s answer: no, if the accommodation is reasonable.
Employee-worn bodycams may help employers meet their legal duty to maintain a safe workplace under Ontario law, but they also raise important employment and privacy concerns. This blog examines the use of bodycams in workplaces, using a Toronto grocery store as an example, and offers practical guidance for employers on managing footage, communicating with staff, and developing clear policies to address legal and operational issues.
Inspired by the iconic Seinfeld episode, this blog channels the spirit of Festivus to highlight common frustrations in severance negotiations such as lack of financial breakdowns, unrealistic demands, misuse of general damages, neglect of non-monetary settlement terms, and poor tracking of offers.
A new school year has started and with it comes the typical September changes. But employers shouldn’t forget about preparing for another change that comes every fall in Ontario – the October 1st increase in the minimum wage. This blog highlights important reminders for employers in order to prepare for the October 1st change in minimum wage.
In Canada, Employment Insurance (“EI”) provides temporary income support to unemployed individuals as they search for new employment. The critical role of EI in supporting Canadian workers through transition periods is well known, but there are different rules that govern EI entitlements when an individual endures a new life event after an initial EI claim and must reapply (i.e., submitting a “secondary claim”).
In light of a recent case before the Social Security Tribunal of Canada (the “SST”), this blog provides employers with a practical overview of the rules governing EI benefit entitlements, clarifies the legal distinction between overlapping claims for “regular” and “special” EI benefits, and offers practical insights to employers assessing the EI-related impacts of a termination.
The dragons have landed—again! The 2025 live-action remake of How to Train Your Dragon soaring into theatres is not just a nostalgic thrill ride. For Ontario employers, it’s a surprisingly timely metaphor for managing today’s workplace—especially with new laws taking effect this summer.
Canada Day is coming in hot. But before you dive headfirst into a plate of poutine, there’s one thing savvy employers in Ontario can’t overlook: compliance with the ESA. Patrizia turned the legal stuff into a fun, whimsical blog—complete with moose-friendly math, holiday payroll tips, and a sprinkle of compliance confetti.
In this blog, Alissa outlines guidance for employers on how to manage an employee struggling with their mental health, and the delicate balance that’s needed to accommodate employees, while still running a productive workplace.
In this blog post, Brooke highlights important considerations for employers of “workfluencers” or employees sharing their typical workday and information about their jobs. While these videos can be engaging, they also present legal, ethical, and operational challenges.
40 years ago, The Breakfast Club hit theatres and its soundtrack hit the airwaves. In this blog, Cynthia Ingram shares how the movie’s iconic end-credit song, Don’t You (Forget About Me), is an important reminder to employers who have employees away from work on a leave of absence.
We’ve never been under any illusions – employers in Canada don’t have an easy time of things when they land themselves before our courts. Nowhere is that clearer than in the Ontario courts. Cue the judgment of the court in Baker v. Van Dolder’s Home Team Inc.
This holiday season, we’re making a list and checking it twice to make sure Ontario employers don’t get stuck on some of the common challenges of hiring seasonal employees in their run-up to high season.
As workplaces evolve, many organizations in Ontario are embracing a “curiosity culture” that promotes exploration, innovation, and open communication. While fostering a curious environment can lead to greater creativity and employee engagement, it also introduces a host of legal challenges that employers must navigate.
Many employers are still trying to digitize their workplaces and play catch up with the latest technology. While software, social media, and various tech tools evolve, long-standing legal principles must evolve in response.
One such principle is an employee’s duty of loyalty. The presumption that employees understand, and will abide by, this duty without direction from, and deterrent measures by, the employer is an outdated view that needs to evolve with the workplace.
This summer, the British Columbia Supreme Court released a decision[i] that provides helpful guidance for companies, including those located in Ontario, on the contractor/employee distinction.
