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  1. The shadow of the law: Surveying the case law dealing with competing rights claims

    This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.

  2. Example 3 - Code right v. Code right: Muslim barber and woman denied service

    From: Competing Human Rights

    Muslim barber and woman denied service

    Read the following excerpt from a news clipping about a competing rights case. This is an example involving two Code grounds – creed versus sex. When you’re finished reading, answer the questions at the bottom of the page.

    You can also watch this CTV news video about the case.

  3. Case summaries

    From: Discussion paper: Human rights issues in insurance

    (Extracts from CHRR)

    Discriminatory auto insurance rates allowed for bona fide reasons

    Zurich Insurance Co. v. Ontario (Human Rights Comm.)

    The majority of the Supreme Court of Canada finds that Zurich Insurance did not discriminate against Michael Bates contrary to the Ontario Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex, and marital status.