Insight

When the Data Does Not Exist: Divisional Court Addresses “Data Poverty” in Disability Equality Claim
Human Rights, Charter, Equality, Judicial Review, Divisional Court, Housing, Discrimination, Human Rights Tribunal of Ontario, Section 15 Shibil Siddiqi Human Rights, Charter, Equality, Judicial Review, Divisional Court, Housing, Discrimination, Human Rights Tribunal of Ontario, Section 15 Shibil Siddiqi

When the Data Does Not Exist: Divisional Court Addresses “Data Poverty” in Disability Equality Claim

We are pleased with our success in Fulton v. Guan, 2026 ONSC 2757, where the Divisional Court considered an important question about how adverse-effects discrimination can be proven where precise statistical evidence simply does not exist.

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Changes to the Employment Standards Act
Employment Law, Employment Standards Shibil Siddiqi Employment Law, Employment Standards Shibil Siddiqi

Changes to the Employment Standards Act

Significant amendments to Ontario’s Employment Standards Act, 2000 (“ESA”) came into force on January 1, 2026. In brief, disclosing salary ranges are now mandatory in most public job postings; Canadian experience requirements are prohibited; AI use in hiring must be disclosed; and employers must retain job postings for 3 years.

Below is a summary of the key changes.

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