Employment Law Shifts — If it’s broken, then fix it.

Daniel A. Lublin, Metro Toronto News
Published: Wednesday, May 16, 2007

Since the mid-90’s, dissatisfied litigants of Ontario’s human rights regime have bemoaned its apparent shortcomings. A blend of limitations, owing their origins to the faulty composition of Ontario’s current human rights legislation, have ultimately left discrimination complainants without adequate redress. Complainants before the Human Rights Commission wait years before a resolution is reached, or imposed. Conversely, since the Commission lacks adequate discretion to immediately dismiss unmeritorious complaints, innocent corporate respondents are burdened with defending marginal complaints.

Referring to a “broken” human rights regime, Ontario Attorney General Michael Bryant announced the passage of new legislation, intended to repair the system.  The potential for court-ordered human rights awards will inevitably change the landscape of litigation, and thus, the gamble of having a case heard at trial. Employers should be ever more willing to trade compensation for an assurance that their name won’t end up in the news.

To read the full text of the article click "Changes to Ontario’s Human Rights Regime to Impact Litigants"