Language selector

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. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  2. Backgrounder - Tribunal finds Falun Gong a protected creed under Ontario's Human Rights Code

    Western scholars of religion would characterize Falun Gong as a new religious movement. The essence of Falun Gong is spiritual elevation. Falun Gong practitioners believe in the existence of gods and divine beings in the cosmos. Its leader, Li Hongzhi, has written a form of ‘scripture.‘ His message is profoundly moral.

  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.

  4. Appendices

    From: Consultation report: Human rights issues in insurance

    List of Acronyms

    Canadian Life and Health Insurance Association (CLHIA)

    Canadian Loss Experience Rating System (CLEAR)

    Canadian Standards Association (CSA)

    Coalition for Fair and Just Treatment of Ontarians (CFJTO)

    Financial Services Commission of Ontario (FSCO)

    HIV-AIDS Legal Clinic of Ontario (HALCO)

    Independent Financial Brokers of Canada (IFBC)
    (Formerly the Independent Life Insurance Brokers of Canada and the Independent Financial Services Brokers of Canada)

    Insurance Bureau of Canada (IBC)

  5. The move towards an intersectional approach

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    Multiple grounds in equality and human rights jurisprudence

    Some courts and tribunals have started to acknowledge the need to make special provision for discrimination based on multiple grounds and to recognize the social, economic and historical context in which it takes place. However, despite these advancements, the courts’ understanding of a proper intersectional approach is still in its infancy. What follows is a discussion of recent cases in which a move towards a multiple grounds or intersectional analysis is evidenced in either a majority or dissenting opinion.

  6. Section III: The balancing tools

    From: Balancing conflicting rights: Towards an analytical framework

    This section of the paper surveys the balancing tools found in the Code and relevant case law. Documents such as Commission briefing notes and Policy Papers provide invaluable commentary on these tools and their insights are woven into the following discussion. The goal of this section is to identify the resources for balancing conflicting rights that will be utilized in the scenarios discussed in Section IV.

  7. 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.
  8. Setting new standards for defining discrimination

    From: Annual Report 2010-2011: Looking back, moving forward

    Preventing discrimination is at the heart of the Ontario Human Rights Code. The courts and tribunals continue to clarify what this means. One example is a landmark ruling in September 2010.

    In Tranchemontagne v. the Ministry of Community and Social Services, the Ontario Court of Appeal upheld a lower court ruling that two alcoholics were entitled to disability benefits. This case looked at what constituted discrimination in human rights law.

  9. Protection of personal information and privacy safeguards policy: Reading Disabilities Inquiry

  10. Voices from the community

    Voices from the community

    [The] public school refused to acknowledge or accept the dyslexia diagnosis until she was seven. … Without timely remediation, my daughter is barely able to read and write in English as she enters Grade 3. … In the meantime, her mental health is strained because she is keenly aware of her learning differences and extremely frustrated by the fact that she struggles to read and write. … Last year she asked Santa Claus for “the power to read” – she’s still wondering if she’ll ever get her wish.

  11. Rental housing licensing Inquiries

     

    Two public interest inquiries by the Ontario Human Rights Commission (OHRC) will explore if new rental housing licensing bylaws in North Bay and Waterloo create discriminatory barriers to rental housing. The inquiries are being conducted under the OHRC’s Human Rights Code mandate to promote, advance and protect human rights in Ontario.

Pages