Legal
The OHRC uses targeted legal action, including Public Interest Inquiries, to advance an expansive interpretation of the Code, establish important precedents that adopt OHRC policies, promote broader public change, and pursue public interest remedies. Some of our most recent case work can be found below. Each Annual Report also reviews the past year’s legal work.
The OHRC's Litigation and inquiry strategy sets out when and how the OHRC decides to conduct an inquiry or take an application to the Human Rights Tribunal or when to intervene in a legal proceeding.
To request a Commission initiated-application, inquiry or intervention, contact legal@ohrc.on.ca.
See our Litigation and Inquiry Strategy for more information about OHRC legal action.
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Factum of the interveners the Ontario Human Rights Commission, the Saskatchewan Human Rights Commission and the Alberta Human Rights Commission.
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Summary of the HRTO’s Reconsideration Decision in Tang v. McMaster University
Mr. Tang alleged that the respondents, McMaster University, the Faculty of Health Sciences, the Centre for Student Development and the Medical Sciences Graduate Program, breached the Human Rights Code by failing to meet their substantive and procedural obligations to accommodate him.
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Summary: Misetich v. Value Village – Discrimination on the basis of family status
September 2016 - The OHRC intervened in Misetich v. Value Village, a case before the Human Rights Tribunal of Ontario (HRTO), involving allegations of discrimination on the basis of family status. The OHRC intervened to ensure that the Federal Court of Appeal's decision in Johnstone v.
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Cole v Ontario (Health and Long-Term Care) : Challenging the funding limits to live in community settings
Background
The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994. At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.
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Housing
From: Human rights and the family in Ontario
The ground of family status was added to the Code in 1982. Until 1986, the Code contained an exception permitting residential buildings or parts of residential buildings to be designated as adult only. Unlike in the areas of employment and services, there has been significant litigation regarding family status issues in the area of housing, particularly in the Ontario context. -
Consultation report: Human rights and public transit services in Ontario
March 2002 - This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. Conventional and paratransit systems are examined in depth, in terms of the human rights principles that apply, the issues raised, and the impact on older persons, persons with disabilities, and families with young children. Three key issues raised throughout the consultation were funding, standards, and roles and responsibilities. These issues are examined in depth. -
Dining out accessibly: A review of audit results and commitments
April 2004 - In the spring of 2001, the Commission began its efforts to engage the restaurant industry to promote the accessibility of its services and facilities for persons with disabilities in Ontario. The audit focused on the physical premises and services of seven select restaurant chains totaling 28 locations across the province.