Rationality, Reasons and Human Rights
December 5, 2021 By Brian Babcock If an administrative tribunal makes a decision against you that makes no sense to you, go not give up right away. It may be possible to go to court and have it overturned. An administrative tribunal, in order to make a decision which will withstand judicial review, must make […]
Human Rights Settlements: Contravention May Cost You
December 5, 2021 By Brian Babcock What happens if a party to a human rights settlement fails to perform the non-monetary terms of the settlement? The was the question recently considered by the Ontario Human Rights Tribunal (HRTO). It is very common, if not universal, for human rights settlements to contain non-monetary terms – things […]
Constructive Dismissal or Workplace Injury?
November 21, 2021 By Brian Babcock It is well established law that a worker cannot sue their employer (or coworkers) for a workplace injury covered by worker’s compensation. But until this case, few if any cases involved a claim for mental stress. The employer brought an application to the Workplace Safety and Appeal Tribunal to […]
Answering the Right Question
November 13, 2021 By Brian Babcock An administrative decision maker must form a reasonable opinion, but that opinion must also answer the correct question under the governing statute and regulations. A court conducting judicial review will not decide the question fresh and substitute its own view as to what is the correct answer. That is […]
Tenant or Owner?
September 5, 2021 By Brian Babcock Ontario’s Landlord and Tenant Board has the jurisdiction to determine the ownership of buildings, including through a simplified summary process. That determination, however, may not finally determine rights or obligations flowing from an ownership interest. In Sutton v. Riddle, the Divisional Court, which hears appeals from the Board, has […]
What is Reasonableness?
June 22, 2021 By Brian Babcock Judicial review is the mechanism by which courts supervise the actions of statutory decision makers. Typically, we think of formal tribunals, ranging from labour arbitrators to Human Rights Tribunals, or government officials. There are other, less common decision makers who exercise statutory powers which affect everyday life. How do […]
Human Rights and Arbitrations
September 23, 2020 By Brian Babcock May unhappy unionized employees take a grievance to an arbitrator, and at the same time apply to a human rights tribunal? Allowing two proceedings to address the same or similar complaints is inefficiency, both in terms of cost and the risk of inconsistent rulings. In Ontario, this problem is reduced […]
Respecting Rights is not just Right, It is Good Business
September 8, 2020 By Brian Babcock Racism is not only wrong, it can be costly. A recent Human Rights Tribunal of Ontario decision, Graham v. Enterprise Rent A Car Canada Company representing Enterprise, Alamo, and National Car Rental, illustrates that subtle or systemic racism still arises in everyday commonplace transactions, despite being contrary to the Human […]
What is Judicial Review?
August 26, 2020 By Brian Babcock Judicial review is a process by which courts supervise decisions of administrative bodies, to make sure that the decisions are fair, reasonable, and consistent with the law. If a person (or corporation) is dissatisfied by an administrative decision, they may have a right of appeal, or may apply for judicial […]
Explaining The Inquest Into The Deaths Of Seven First Nations Students In Thunder Bay
January 5, 2016 On October 5, 2015, the long-awaited Inquest into the deaths of seven First Nation students, who died while attending high school in Thunder Bay, Ontario, between 2000 and 2011, commenced pursuant to the Coroners Act. Weilers represented the Provincial Advocate for Children and Youth (now part of the Ontario Ombudsman) throughout the six […]