Law 2101 Lecture Notes - Lecture 7: Ontario Human Rights Code, Pregnancy Discrimination, Protected Group
Document Summary
Implied terms (parry sound: employment cases private relationship, scope of private law because contract is considered private and the states have no status in this relationship. Defining discrimination: discrimination claim can be seen as a parasite, it attaches to a name claim. If you have a tort action or a contract action, the court can then accept it. It can"t be brought to court by itself and has to be attached to another issue. Race discrimination: peel law assoc v. pieters: the court of appeal confirmed the following propositions (at para. 111): prohibited ground of discrimination need not be the sole or even a major factor leading to the discrimination. It is sufficient if it was a factor or operative element: there is no need to establish an intention or motivation to discrimination. The focus is on the effects of the discrimination: there need be no direct evidence of discrimination.
