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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.

  1. Summary: Hamilton-Wentworth District School Board v. Fair

    On May 31, 2016, the Court of Appeal for Ontario[1] unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.

  2. 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.