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recalls the case of a bus driver who became disabled and lost the job he had held for 25 years, ended up collecting pop bottles to supplement his welfare income, then died before his widow finally benefited from the settlement of his human rights and wrongful dismissal claims, five years after they were first launched. "It was a shocking case — a travesty of justice," says Corry, offering it as an example of both the slow pace and unfairness of the Alberta human rights system. As is often the case in contentious human rights is- sues, the circumstances were complicat- ed. The employer had relieved the man of his duties and put him on disability pay because of a condition that could re- sult in sudden fainting fits — a condition obviously not conducive to driving a bus. While he was on disability pay, the man continued to work at a part-time job he had held for a long time, supervising the cleaning of community centres — a task he could easily perform in spite of his ill- ness. But the employer determined this was a violation of disability leave policies, "So how things shake out in Ontario over the next little while will be important and watched by other jurisdictions." — MATTHEW CERTOSIMO, BORDEN LADNER GERVAIS LLP cut off his benefits, and fired him. Corry launched a wrongful dismissal claim as well as a human rights complaint. "To my disappointment, the Human Rights Commission stayed the human rights complaint and didn't do anything to further the investigation the entire time. And it never did get resolved through the human rights process," he says. Ontario Labour & Employment Legislation 2008-2009 Prepared in consultation with the law firm McArthur Vereschagin & Brown LLP This edition includes: Includes all of the new Human Rights Tribunal of Ontario Rules This happened a few years ago and the process is "not quite as bad" now as it was then, says Corry. "But the delays are still extraordinary," he adds. The vast major- ity of cases that come before the commis- sion are now settled, he says. "To an out- sider, that might seem like a good thing. But I believe that a great number of cases are settled because the complainants be- come frustrated with the process." The new system in British Columbia, introduced in 2003, has received mixed reviews. Various human rights groups have argued there is not enough support for the poor or disenfranchised com- plainants who used to rely on the com- mission to advance their cases. The same groups lament the loss of the proactive role the commission played in advocat- ing for human rights issues and oppos- ing systemic abuse. The Ontario reforms have attempted to address both these issues by providing complainants with legal support and retaining the commis- sion's broader role. Vancouver-based employment lawyer For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. CL0808 www. Ontario Labour & Emp(CL 1-4sq).indd 1 7/7/08 9:12:46 AM Law ye rmag.com A UGUST 2008 57