Human Rights

Protecting and enforcing human rights is fundamental to a just society. We work with unions, individuals, and organizations in workplaces and communities to bring forward human rights concerns through collective agreement grievance procedures, administrative law hearings, human rights commissions and boards of inquiry, and in the courts. In order to advance these goals we use both legal advocacy and law reform initiatives.

Our equality rights practice addresses a wide range of issues including gender discrimination, sexual and racial harassment, sexual orientation discrimination, religious and political discrimination, discrimination on the basis of disability, drug and alcohol testing in the workplace, and the duty to accommodate.

Our services include:

  • advice and representation before Human Rights Commissions, Boards of Inquiry and Tribunals under Ontario’s Human Rights Code and the federal Canadian Human Rights Act;
  • advice and representation in the enforcement of the federal Employment Equity Act;
  • developing innovative dispute resolution processes for human rights complaints, including those dealing with sexual and racial harassment;
  • conducting audits and investigations and reporting on human rights complaints for organizations and human rights commissions.

Notable representations include:

  • Association of Ontario Midwives v. Ontario (Health and Long-Term Care), in which the Firm represented the Association of Ontario Midwives in an application to the Human Rights Tribunal of Ontario ("HRTO"), which alleged that the Ontario Ministry of Health and Long-Term Care had discriminated against midwives on the basis of sex with respect to their compensation and funding formula. In a landmark ruling, the HRTO found that the Ministry's conduct and inaction resulted in a significant compensation gap between midwives and physicians providing comparable services, which amounted to impermissible systemic discrimination based on sex.
  • Talos v. Grand Erie District School Board, in which Wayne Talos, a high school teacher, brought an application to the Human Rights Tribunal of Ontario ("HRTO") arguing that cutting off his health and dental benefits when he turned 65 was unconstitutional. The firm represented Elementary Teachers' Federation of Ontario ("ETFO") and the Ontario English Catholic Teachers Association ("OECTA") as intervenors in the proceeding, in support of Mr. Talos’s position. The HRTO agreed that the policy was unconstitutional. As a result, employers can no longer provide age-differentiated health and life insurance benefits.
  • McKinnon v. Ontario (Correctional Services), in which the Firm represented Michael McKinnon in an application to the Human Rights Tribunal of Ontario alleging that the Ministry of Correctional Services had discriminated against him based on his Indigenous ancestry. The proceeding lasted for more than 20 years, and is now a leading case on human rights remedies in applications addressing race discrimination. As a result of this case, the Ontario Human Rights Commission entered into a partnership with the Ontario government to work on implementing long-term systemic initiatives to prevent racial discrimination in Ontario correctional institutions.
  • McWilliam v. Toronto Police Services Board, in which the Firm represents Heather McWilliam in an application to the Human Rights Tribunal of Ontario alleging that the Toronto Police Services Board discriminated against her and carried out acts of reprisal after she complained about alleged sexual harassment, sexual solicitation and sexual advances from her supervisors in the workplace. The alleged conduct includes sexual and sexual comments during every shift, which created a poisoned work environment. Ms. McWilliam also seeks redress for the Board's failure to properly investigate her allegations.
  • Canada (Attorney General) v. Johnstone, in which the Firm represented the Women's Legal Education and Action Fund as an intervenor at the Federal Court of Appeal.  The Court of Appeal confirmed that the Canadian Human Rights Act's prohibition of discrimination based on family status includes parental obligations, such as childcare obligations.

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Ongoing Class Actions

Last Modified: 11 January 2023

Enbridge Pension Plan Class Action

The class action alleges that Enbridge was required to give its employees “credited service” when its employees take a maternity or parent...

Completed Class Actions

Last Modified: 25 June 2021

Employment Insurance, Moms on Maternity Class Action / Assurance emploi - recours collectif

The class action alleged that the government and its EI Commission refused to recognize those sickness leave claims and negligently advised claimants ...

Related Cases

Case/
10 January 2019

The Regional Municipality of Waterloo (Sunnyside Home) and Ontario Nurses' Association

Kate  Hughes and Tyler Boggs acted for the Ontario Nurses' Association in The Regional Municipality of Waterloo (Sunnyside Home) and Ontario...
Case/
12 November 2018

Ministry of Correctional Services v. McKinnon

Ministry of Correctional Services v. McKinnon, 2010 ONSC 3896 (Div. Ct.) This is an application for judicial review brought by the Ministry of Correct...
Case/
8 May 2018

Wayne (Steve) Talos v. Grand Erie District School Board

Paul Cavalluzzo and Adrienne Telford acted for the Ontario English Catholic Teachers Association, and Kate Hughes and Lauren Sheffield acted for ...
Case/
9 November 2017

Fenton v. Toronto Police Service

Fenton v Toronto Police Service 2017 ONCPC 15, (represented public complainants and the Canadian Civil Liberties Association in police discipline...
Case/
6 October 2014

Chaoulli v. A.G. (Quebec)

Counsel to the Canadian Medical Association at Supreme Court of Canada in in Chaoulli c Québec (Procureur général) .

Related Resources

Event/29 June 2023

Tyler Boggs speaks at Lancaster House's Seminar "Safe Spaces: Accommodating transgender and gender-diverse employees”

Tyler Boggs speaks at Lancaster House's Seminar: "Safe Spaces: Accommodating transgender and gender-...
News/17 June 2023

"Does your employer have the right to lay you off?"

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News/15 November 2022

Cavalluzzo LLP Awarded on The Globe and Mail Canada’s Best Law Firms 2023 List

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News/13 June 2022

Ontario Midwives Win at Ontario Court of Appeal in Fight to Address the Gender Pay Gap

The ONCA upholds the decision of the HRTO, finding that the Ontario government systemically discrimi...
Blog/7 September 2023

Environmental & climate risks at work: HEAT

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The health impacts of extreme heat are widespread and will impact workers across sectors. Heat stress is a human rights and health and safety issue th...
Blog/7 September 2023

Environmental & climate risks at work: HEAT

Employees should be aware of their rights under existing human rights, workers’ compensation, and occupational health and safety legislation

The health impacts of extreme heat are widespread and will impact workers across sectors. Heat stress is a human rights and health and safety issue th...
Blog/16 June 2022

Midwives Win Landmark Systemic Gender Discrimination Ruling at Ontario Court of Appeal

Ontario (Health) v. Association of Ontario Midwives

In a ground-breaking decision, the Ontario Court of Appeal has confirmed that Ontario has engaged in systemic pay discrimination of midwives that must...
Blog/24 February 2022

Reflections: Labour, Human and Civil Rights

Justice Corrine Sparks: Catalyst for conversations about anti-Black racism and policing in the courtroom

Lauren Sheffield writes about Justice Corrine Sparks and her contributions to substantive diversity in the justice system through her willingness to b...
News/17 June 2023

"Does your employer have the right to lay you off?"

Jeff Andrew comments on entitlements in an employment agreement

In today's Legal Matters, Jeff Andrew discusses employer's entitlements in an employment agreement, and how employer's can view the agreement differen...
News/15 November 2022

Cavalluzzo LLP Awarded on The Globe and Mail Canada’s Best Law Firms 2023 List

Recognized in Human Rights and Labour & Employment Law

Cavalluzzo LLP has been awarded on The Globe and Mail’s list of Canada’s Best Law Firms 2023 in the Human Rights and Labour & Employment area
News/13 June 2022

Ontario Midwives Win at Ontario Court of Appeal in Fight to Address the Gender Pay Gap

The ONCA upholds the decision of the HRTO, finding that the Ontario government systemically discriminated against midwives on the basis of sex

The ONCA upholds the decision of the HRTO, finding that the Ontario government systemically discriminated against midwives on the basis of sex. Cavall...
News/12 May 2022

Michelle Thomarat Presents on Human Rights & Accommodations for Education Professionals

Cavalluzzo lawyer speaks at Osgoode Conference on Human Resources Law for Education Professionals

Michelle Thomarat speaks on the topic of Ontario human rights legislation and the scope of the duty to accommodate in the education context at the Osg...
News/5 April 2022

OLRB Finds LRT Builder Showed Implicit Bias in Terminating Worker's Employment

The OLRB determined that the employer did not have just cause to terminate the worker's employment

Jim Robbins and Michael McDonough successfully represented LIUNA 183 and the grievor, Alexis Williams, in alleging that Mr. Williams had been unjustly...
News/27 July 2021

Cavalluzzo LLP launches class action against Enbridge Inc and Enbridge Gas Inc.

Enbridge employees across Canada who have taken a parental or pregnancy leave since 1990 may be missing years of service in their pension plans

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Event/Jun 29, 2023

Tyler Boggs speaks at Lancaster House's Seminar "Safe Spaces: Accommodating transgender and gender-diverse employees”

Seminar will focus on employment-related protections

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Event/Apr 20, 2022

Adrienne Telford Speaks at Lancaster House Human Rights and Accommodation Conference

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Event/Feb 26, 2022

Patricia D'Heureux speaks at Osgoode Conference "Human Rights for Education Professionals"

Providing an overview of key human rights issues in education, and provides practical strategies and solutions

Patricia D'Heureux speaks at Osgoode's Conference "Human Rights for Education Professionals", providing an overview of key human rights issues in educ...
Event/Oct 18, 2021

Danielle Bisnar Speaks at LEAF Panel "From Personhood to Equality"

Panel discussing the history of struggle for gender equality within the legal profession

Danielle Bisnar speaks at LEAF discussing the history of struggle for gender equality in the legal profession, and her experiences with this type of ...
Event/Feb 27, 2021

Patricia D'Heureux Speaks at Osgoode Certificate in Human Rights for Educators Conference

Patricia D'Heureux speaks on competing rights at Osgoode's Certificate in Human Rights for Educators conference.    This conference provides...
Event/Oct 6, 2020

Niiti Simonds Speaks at Law Society Conference "Best Practices for Paralegals"

Niiti Simmonds speaks at Law Society Conference "Best Practices for Paralegals Appearing before the Human Rights Tribunal of Ontario". Niiti will be d...
Publication/28 July 2020

RCMP Must Acknowledge the Force's Underpinnings

Policy Options Article `RCMP Must Acknowledge the Force's Racist Underpinnings` discusses the racist stereotypes and beliefs that were embedded into t...
Publication/1 March 2018

Bisnar, Danielle & O'Brien, Shaun. "Regulating Disability and the Public Interest: A Case Study on the Human Rights of Regulated Professionals", Canadian Journal of Administrative Law & Practice, Volume 31, Part 1 (March 2018)

Bisnar, Danielle & O'Brien, Shaun.  "Regulating Disability and the Public Interest: A Case Study on the Human Rights of Regulated Professiona...
Publication/3 November 2014

Securing Employment Equity by Enforcing Human Rights Laws

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Publication/7 May 2014

Judgment - Canadians Living Abroad

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Publication/3 May 2014

A Growing Concern: Ontario's Gender Pay Gap

This year’s report examines whether there has been any change in the pay gap and denotes a troubling development.