New Online Complaint System seeks to Hold Canadian Businesses Accountable for Human Rights Abuses
- April 28, 2021
- Khalid Mahdi
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In March 2021, the Canadian Ombudsperson for Responsible Enterprise (CORE) launched an online form (link) that would allow foreign individuals, organizations and communities to file complaints of possible human rights violations arising from the operations of Canadian companies operating abroad. » Read the rest
Proof of Disability Required for those Alleging Discrimination Relating to Masking Rules
- April 27, 2021
- Khalid Mahdi
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A recent screening decision by the British Columbia Human Rights Tribunal (“BCHRT”) held that any complaints of disability discrimination arising from a requirement to wear a mask must be substantiated by evidence of the existence of a disability. This decision sheds light on the response to B.C.’s » Read the rest
BC Court Considers the Debilitating Effects of Post-Traumatic Stress Disorder when Awarding Monetary Damages
- April 5, 2021
- Khalid Mahdi
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In the 2020 British Columbia Supreme Court case, Kempton v Struke Estate, 2020 BCSC 2094 (CanLII) (Struke) the trial judge granted the plaintiff $200,000 in pain and suffering damages. An article by Canadian Lawyer Magazine, sheds some light on how courts consider the impact of a plaintiff’s psychiatric injuries in assessing damages. » Read the rest
The Ontario Government’s 2021 Triage Policy
- March 11, 2021
- Khalid Mahdi
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With the second-wave of the COVID-19 pandemic placing an increased strain on hospitals across Canada, the provincial government earlier this year released a highly controversial triage policy aimed at helping the healthcare system adapt (link). The triage policy works by assessing and placing patients in a colour-coded framework based on their risk of short-term mortality, which is defined as “survival beyond 12 months after the onset of critical illness.” » Read the rest
Black Public Servants Allege Discrimination in the Federal Public Service
- December 11, 2020
- Khalid Mahdi
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CBC News has recently reported on a proposed class-action lawsuit by current and former Black Canadian civil servants alleging discrimination in employment on the basis of race. The lawsuit alleges that Black public servants have been repeatedly overlooked for promotions and subjected to a toxic work environments. » Read the rest
Jodhan v Canada – 10 Years Later
- November 30, 2020
- Khalid Mahdi
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Yesterday marked the 10-year anniversary of the 2010 Federal Court of Canada’s decision, Jodhan v Canada, 2010 FC 1197. The Court held that the inaccessibility of public-facing government websites offended section 15 of the Charter of Rights and Freedoms as they were inaccessible to Canadians with vision disabilities. » Read the rest
Can You Get Your Bonus If You Are Wrongfully Terminated?
- November 4, 2020
- Khalid Mahdi
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In its recent decision: Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26 [Matthews], the Supreme Court of Canada confirmed that employees can receive bonuses and other benefits after being dismissed if they are payable during the reasonable notice period and if the contract does not preclude such payments. » Read the rest
(In)Accessibility in the Legal Profession
- November 3, 2020
- Khalid Mahdi
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Among key factors that shape the ability of Canadians to access justice, the physical accessibility of courthouses is too crucial an issue to be overlooked. For lawyers with disabilities, the inaccessibility of provincial courthouses is not simply an issue of physical access, but also the ability to participate as members of the legal profession. » Read the rest