Top Employer Considerations for Managing Overlapping Regimes in the Accommodation Process

Top Employer Considerations for Managing Overlapping Regimes in the Accommodation Process

Jennifer Heath

Workplace accommodation is rarely governed by a single set of rules. The company’s internal policies and agreements must be considered, along with any legislative obligations, including employment standards and human rights.  But there can be multiple third parties involved, which may provide financial support, medical review, or adjudication regarding an employee’s needs. These third parties have overlapping (and sometimes contradictory) input about whether a leave or other accommodation is required, and about a path to a return to work.

Remote Work as an Accommodation: What’s Reasonable in 2026?

Remote Work as an Accommodation: What’s Reasonable in 2026?

Alissa Scarcello

As employers continue to refine their post-pandemic workplace strategies and the frequency of remote work requests is increasing, one question remains front and centre: when does an employee have a right to work remotely as an accommodation?

Most employers have returned to 100% in-office or hybrid work arrangements. At the same time, employees are increasingly requesting an accommodation in the form of remote work, particularly for disabilities and caregiving obligations. The reality is, however, that neither a disability nor a family status obligation creates an automatic entitlement to remote work.

Accommodating Temporary and Seasonal Employees: Legal Tips for Summer Staffing

Accommodating Temporary and Seasonal Employees: Legal Tips for Summer Staffing

Adrian Ishak

Summer is peak season for many Ontario employers. Tourism operators, restaurants, retail stores, camps, agricultural businesses, and recreation facilities all rely heavily on temporary and seasonal workers to meet demand. While these roles may be short‑term, the legal obligations toward these employees are anything but casual. Ontario’s employment and human rights laws apply to temporary, seasonal, part‑time, as well as  full‑time staff. 

Composing a Successful Return-to-Work Plan After a Medical Leave: An Orchestration of Legal and Practical Considerations

Composing a Successful Return-to-Work Plan After a Medical Leave: An Orchestration of Legal and Practical Considerations

Cynthia Ingram

In January 2024, Classic FM ranked Mozart’s Symphony No. 41, Florence Price’s Symphony No. 1, and Beethoven’s Ninth as the top three in the greatest symphonies of all time[1]. Of the multitude of symphonies composed over the centuries, there are only about 100 recognized as the best, which is a sign of just how hard it is to create a successful orchestration that engages and is appreciated by the listener. Tastes differ, of course - but what makes a symphony great? It’s not just the notes on the page. It’s the coordination of all the moving parts: a well-drafted score, skilled musicians, clear direction from the conductor, and every part working in harmony. When one part falters, the whole performance suffers.

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Family Status Accommodation: What Ontario Employers Must Know in 2026

Family Status Accommodation: What Ontario Employers Must Know in 2026

Adrian Ishak

With the shift in demographics and the limited availability of public support systems, employers are seeing more employees struggle to balance work and caregiving, leading to more accommodation requests. More employers struggle to understand what workplace policies and legal obligations apply in such circumstances, leading to an increase in discrimination claims on the basis of family status.

Practicing Law with Endometriosis and Adenomyosis: Nearly 30 Years of Strength, Strategy, and Self-Advocacy

Practicing Law with Endometriosis and Adenomyosis: Nearly 30 Years of Strength, Strategy, and Self-Advocacy

Patrizia Piccolo

For nearly three decades, I’ve practiced law while living with endometriosis and adenomyosis—two chronic conditions that are often misunderstood, underdiagnosed, and invisible to the outside world and that often exist in tandem with other disabilities/ complications. Practicing law is demanding on the best of days. Add chronic illness to the mix, and the challenges multiply but so do the lessons.

When Non-Compliance Becomes Costly: Damages in Cloutier v. Back Country Tours Inc.

When Non-Compliance Becomes Costly: Damages in Cloutier v. Back Country Tours Inc.

Alissa Scarcello

The Ontario Human Rights Tribunal’s decision in Cloutier v. Back Country Tours Inc.i is a reminder that ignoring legal obligations—both substantive and procedural—can substantially increase liability under the Human Rights Code (the “Code”). Additionally, the decision highlights the Tribunal’s “no nonsense” response to employer non-compliance and a party’s failure to participate meaningfully in the proceeding.

When Is Enough, Enough? HRTO’s Guidance on Accommodation in Cillis v. Hamilton - Wentworth District School Board.

When Is Enough, Enough? HRTO’s Guidance on Accommodation in Cillis v. Hamilton - Wentworth District School Board.

Patrizia Piccolo

The Human Rights Tribunal of Ontario’s decision in Cillis v. Hamilton-Wentworth District School Board (2025 HRTO 1717) clarifies the limits of an employer’s duty to accommodate under the Ontario Human Rights Code. It addresses whether emotional discomfort during accommodation amounts to discrimination. The Tribunal’s answer: no, if the accommodation is reasonable.

Employee Uniforms…With Eyes – Key Considerations Regarding Employee-Worn Bodycams in the Workplace

Employee Uniforms…With Eyes – Key Considerations Regarding Employee-Worn Bodycams in the Workplace

Alissa Scarcello

Employee-worn bodycams may help employers meet their legal duty to maintain a safe workplace under Ontario law, but they also raise important employment and privacy concerns. This blog examines the use of bodycams in workplaces, using a Toronto grocery store as an example, and offers practical guidance for employers on managing footage, communicating with staff, and developing clear policies to address legal and operational issues.

The Season is Changing … And So Is the Minimum Wage

The Season is Changing … And So Is the Minimum Wage

Cynthia Ingram

A new school year has started and with it comes the typical September changes. But employers shouldn’t forget about preparing for another change that comes every fall in Ontario – the October 1st increase in the minimum wage. This blog highlights important reminders for employers in order to prepare for the October 1st change in minimum wage.

Back for More: Secondary Claims for EI Benefits in Canada

Back for More: Secondary Claims for EI Benefits in Canada

Jennifer Heath

In Canada, Employment Insurance (“EI”) provides temporary income support to unemployed individuals as they search for new employment. The critical role of EI in supporting Canadian workers through transition periods is well known, but there are different rules that govern EI entitlements when an individual endures a new life event after an initial EI claim and must reapply (i.e., submitting a “secondary claim”).

In light of a recent case before the Social Security Tribunal of Canada (the “SST”), this blog provides employers with a practical overview of the rules governing EI benefit entitlements, clarifies the legal distinction between overlapping claims for “regular” and “special” EI benefits, and offers practical insights to employers assessing the EI-related impacts of a termination.

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