Author Archives: admin

Ontario Human Rights Proceedings: Duty to Accommodate

The Ontario Human Rights Tribunal(“OHRT”) will sometimes have cases raising duty to accommodate matters. The OHRT recognizes the duty to accommodate as being a co-operative and collaborative process. All parties to the accommodation process have obligations. The applicant, who is … Continue reading

Provocation in Criminal Law

The four components of the defence of provocation are: (1) there must be a wrongful act or insult; (2) the wrongful act or insult must be sufficient to deprive an ordinary person of the power of self-control; (3) the accused … Continue reading

Intervention in Ontario Human Rights Tribunal Proceedings

Under Rule 11 of the Ontario Human Rights Tribunal (“Tribunal”) Rules of Civil Procedure, the Tribunal may allow a person or organization to intervene in any case ,at any time , on such terms as the Tribunal may determine. There … Continue reading

Criminal Harassment by watching or besetting: Ontario

To prove the offence of Criminal Harassment by watching or besetting, the Crown must establish the following factors: 1. That the defendant engaged in the prohibited conduct without any lawful authority to do so; 2. That the complainant was harassed; … Continue reading

Statutory Interpretation

Cases can have many legal strands. Sometimes the cases can be resolved simply on the basis of case law. But other times statutes or regulations also apply and must be interpreted. The final decision may combine various legal strands to … Continue reading

Breaches of Settlement agreements: Ontario Human Rights Code proceedings

Under section 45.9(8) of the Ontario Human Rights Code , the Ontario Human Rights Tribunal (“OHRT”)has a broad discretion to make any order that it considers appropriate to remedy a contravention of a settlement agreement reached in ORHC proceedings. Although … Continue reading

Interim Remedies and the Ontario Human Rights Code

The test for awarding an interim remedy in Ontario Human Rights Code (“OHRC”) proceedings is described in Rule 23.2 of the Rules of Civil Procedure : The Tribunal may grant an interim remedy where it is satisfied that: (a) the … Continue reading

Civil Contempt Sentencing in Ontario: Aggravating and Mitigating factors

You have chased a party who has disrespect for court orders. The long arm of the law has finally caught up with this party. Your client’s interests have been prejudiced and a finding of contempt has been made. You are … Continue reading

Lawyers and Conflict of Interests

Lawyers occupy fiduciary positions with respect to their clients. They can’t act in a conflict of interest and at the same time hope to represent the client’s best interests. Conflicts of interest may be obvious at the outset or they … Continue reading

Trial Judges: Managing trials and the Right to Cross-examine

A trial judge’s role is multi-faceted. They must not only bring their procedural and substantive knowledge of the law to the case and analytical skills, but also be in a position to act as a Manager: Manager of a trial, … Continue reading