Expert Advocacy
Where human rights or disability issues are at stake, bakerlaw is the advocate of choice. We have unique experience acting before specialized tribunals, including the Human Rights Tribunal of Ontario, the Canadian Human Rights Tribunal, the Health Services Appeal and Review Board, the Health Professions Appeal and Review Board, the Special Education Tribunal of Ontario, the Social Benefits Tribunal, and regulatory colleges. We have produced precedent-setting decisions in many of these settings. For example, in a recent case before the Human Rights Tribunal of Ontario (link), we achieved a landmark award of general damages for our client, an exception pupil, for discrimination suffered in the provision of educational services.
Of course, civil litigation is also a large part of our practice. Not only have we appeared before trial courts, but we also have a significant record of appellate advocacy at the federal and provincial level. This includes a proud and continuing tradition of advocacy before the Supreme Court of Canada.
A sampling of our cases include the following:
Supreme Court of Canada
- Lee Carter, et al. v. Attorney General of Canada, et al., 2015 SCC 5;
- Canada (Canadian Human Rights Commission) v. Canada (Attorney General) (Mowat), 2011 SCC 53, [2011] 3 SCR 471;
- Council of Canadians with Disabilities v. VIA Rail Canada Inc., 2007 SCC 15, [2007] 1 SCR 650;
- Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, [2007] 1 SCR 350;
- Harper v. Canada (Attorney General), 2004 SCC 33, [2004] 1 SCR 827;
- Lovelace v. Ontario, 2000 SCC 37, [2000] 1 SCR 950;
- British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights), [1999] 3 SCR 868;
- Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624;
- Andrews v. Law Society of British Columbia, [1989] 1 SCR 143
- Bhinder v. CN, [1985] 2 SCR 561;
- Ont. Human Rights Comm. v. Simpsons-Sears, [1985] 2 SCR 536
Federal and Provincial Appellate Courts
- Canadian National Railway Company v. Seeley, 2014 FCA 111
- Carter v. Canada (Attorney General), 2013 BCCA 435
- Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)
- Keith v. Correctional Service of Canada, 2012 FCA 117
- Metrolinx (Go Transit) v. Canadian Transportation Agency, 2010 FCA 38 (CanLII)
- Canadian Human Rights Commission v. National Capital Commission, 2009 FCA 273
- Democracy Watch v. Campbell, 2009 FCA 79, [2010] 2 FCR 139
- C.C.W. v. Ontario Health Insurance Plan, 2009 CanLII 712 (ON SCDC)
- Air Canada, Jazz Air LP v. Canada (Canadian Transportation Agency), 2008 FCA 168 (CanLII)
- Brown v. Canada (National Capital Commission), [2008] F.C.J. No. 928
- McKay-Panos v. Air Canada, 2006 FCA 8, [2006] 4 FCR 3