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The court issued a consent order reinstating a mother's access to her children after it was temporarily denied due to COVID-19 concerns.
The applicant mother brought a motion for contempt against the respondent father for denying her access to the two minor children (ages 15 and 13, both with special needs) beginning in March 2020, citing COVID-19 concerns.
The father had also allegedly failed to facilitate electronic communication and discussed litigation with the children.
The court found that neither parent believed the other posed a health risk.
The parties consented to a temporary without prejudice order reinstating the access schedule, with both parents to encourage the children to attend visits and communicate electronically at least three times weekly.
The court emphasized the need for parental cooperation during the pandemic crisis.
Termination partly motivated by disability breached Human Rights Code.
The plaintiff brought a civil action for wrongful dismissal and damages for discrimination under the Human Rights Code following termination after approximately 16 months of employment.
The employer conceded insufficient notice but argued that termination resulted from a corporate restructuring and sale of a business division.
The court applied the Bardal factors and determined reasonable notice to be three months given the employee’s age, position, and short tenure.
The court further found that the employer’s insistence on a complete recovery before permitting a return to work and its conduct surrounding termination demonstrated that the employee’s disability was a significant factor in the dismissal, contrary to s. 5(1) of the Human Rights Code.
The plaintiff was awarded damages for wrongful dismissal and $20,000 in compensation under s. 46.1 for discrimination.
