No Civil Cause of Action

A person cannot commence a civil action that is based exclusively on a breach or violation of a provision contained in the Ontario Human Rights Code or the Canadian Human Rights Act. This is due to a 1981 decision of the Supreme Court of Canada in the case of Seneca College v. Bhadauria, in which the court held that the procedure spelt out within the human rights legislation was the exclusive way in which to pursue a breach of a right that is provided for under the legislation.

It is possible, however, to commence an action for damages for wrongful dismissal where some of the actions or events relating to the termination involve discriminatory actions or conduct on behalf of the employer and/or co-workers. An individual is well advised to obtain the advice of an experienced lawyer in the area of employment law in these types of cases.

Should you require legal assistance, please email us at lawyers@grosman.com

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