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Osgoode Hall Law School of York University

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Discrimination

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Full-Text Articles in Law

Undercompensating For Discrimination: An Empirical Study Of General Damages Awards Issued By The Human Rights Tribunal Of Ontario, 2000-2015, Audra Ranalli, Bruce Ryder Jan 2017

Undercompensating For Discrimination: An Empirical Study Of General Damages Awards Issued By The Human Rights Tribunal Of Ontario, 2000-2015, Audra Ranalli, Bruce Ryder

Osgoode Legal Studies Research Paper Series

The authors present the results of a comprehensive quantitative analysis of general damages awards issued by the Human Rights Tribunal of Ontario from 2000 to 2015. From the results, the authors argue that general damages awards continue to be too low to reflect the importance of the equality rights protected by the Ontario Human Rights Code. While many expected that general damages awards would increase as a result of amendments to the Code that took effect in 2008, the data reveals that the range of the vast majority of general damages awards has remained relatively unchanged following the legislative reforms. …


The Bank Manager Always Rings Twice: Stereotyping In Equity After Garcia, Richard Haigh, Samantha Hepburn Jan 2000

The Bank Manager Always Rings Twice: Stereotyping In Equity After Garcia, Richard Haigh, Samantha Hepburn

Articles & Book Chapters

Stereotyping is an inevitable part of human interaction. Everyone is judged, to some extent, according to individual perception, with reference to such factors as physical appearance, social position, marital status, language facility and ethnicity. It is not possible to eradicate stereotyping because it is a natural, automatic - sometimes instinctive - human response. In a legal context, however, there is a need for some mechanisms to control the degree to which stereotyping influences judicial decision-making so as to ensure that justice is administered in as neutral and impartial a manner as possible. Whether it be in the determination of facts …