A Private Members Bill has been introduced seeking to amend the Human Rights Code (“Code”) to allow cost awards by the Ontario Human Rights Tribunal (“Tribunal”).
The Tribunal currently does not have the explicit power under the Code to order unsuccessful parties to indemnify successful parties for their legal costs and the Supreme Court has previously stated that without a clear legislative grant of authority, human rights tribunals are not able to order costs.
However, if passed, Bill 147 – known as An Act to amend the Human Rights Code with respect to the awarding of costs of proceedings – would add provisions to the Code permitting the Tribunal to:
Bill 147 has only passed the first reading and has not yet been scheduled to be debated by the Ontario Legislature.
If you have any questions about the implications of cost awards in human rights proceedings, or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.
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