Civil Litigation

Human Rights Day 2021

• December 10, 2021
• BakerLaw
• Comments Off on Human Rights Day 2021

Today marks the 73rd annual Human Rights Day, which celebrates the Universal Declaration of Human Rights (UDHR) (link) as put forth by the United Nations in 1948.

This year’s theme for the celebration is “EQUALITY – Reducing inequalities, advancing human rights”, which relates to Article 1 of the UDHR – “All human beings are born free and equal in dignity and rights.” » Read the rest

Mistreatment of residents living in congregate care and/or treatment settings

• November 4, 2021
• BakerLaw
• Comments Off on Mistreatment of residents living in congregate care and/or treatment settings

Content warning: Abuse of persons with disabilities

With social media and attention to shed light on the issue regarding abuse by a caregiver or support worker of a developmentally disabled person, it would be reasonable to assume that society has progressed to ensure safeguards are in place to prevent this mistreatment. » Read the rest

BC Court Considers the Debilitating Effects of Post-Traumatic Stress Disorder when Awarding Monetary Damages

• April 5, 2021
• Khalid Mahdi
• Comments Off on BC Court Considers the Debilitating Effects of Post-Traumatic Stress Disorder when Awarding Monetary Damages

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

Does inaction on climate change violate Canadians’ human rights?

• November 16, 2020
• Laura Lepine
• Comments Off on Does inaction on climate change violate Canadians’ human rights?

Does inaction on climate change violate Canadians’ human rights? If the Netherlands are any example to follow, the answer may be yes.

In The Netherlands vs Urgenda, the Dutch Supreme Court found that an inadequate response to climate change can violate human rights. » Read the rest

Actual Abilities of Witnesses Matter; Not Stereotypes

• November 13, 2020
• Anoop Kalsi
• Comments Off on Actual Abilities of Witnesses Matter; Not Stereotypes

In the November 6, 2020 decision of R. v. Slatter, 2020 SCC 36 (link), the Supreme Court of Canada (SCC) confirmed that it is the actual ability of witnesses to recall and recount events that matter most when assessing credibility; this is the case whether the witness has a disability or not. » Read the rest

(In)Accessibility in the Legal Profession

• November 3, 2020
• Khalid Mahdi
• Comments Off on (In)Accessibility in the Legal Profession

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

Ontario Superior Court Recognizes Independent Tort of Harassment in Sweeping Critique of the RCMP

• July 24, 2017
• BakerLaw
• Comments Off on Ontario Superior Court Recognizes Independent Tort of Harassment in Sweeping Critique of the RCMP

On February 28, 2017, the Ontario Superior Court released a lengthy, sweeping judgment, criticizing the RCMP and its officers for a prolonged campaign of harassment against Sergeant Peter Merrifield.

Over a period of seven years, the Court found that members of the RCMP had launched unsubstantiated disciplinary investigations against Sergeant Merrifield; had transferred Sergeant Merrifield away from his field of expertise and denied him assignments; accused him of “kiting” or stealing funds from his RCMP American Express card; critiqued Sergeant Merrifield for engaging in public appearances; made disparaging comments about Sergeant Merrifield to his human intelligence sources as well as other members of the RCMP; and ultimately did what they could to ensure Sergeant Merrifield’s illustrious career was stonewalled. » Read the rest

Toronto man haunted by U.S. jail nightmares

• February 29, 2008
• David Baker
• Comments Off on Toronto man haunted by U.S. jail nightmares

The Toronto Star today reported on the plight of Bakerlaw client Benamar Benatta. Mr. Benatta, who was illegally transferred by Canadian officials to the US on September 12, 2001 and held for five years in American custody, is calling on Canadian authorities for a public review of his case. » Read the rest

Parents of autistic kids fight for the right to sue Ontario

• February 11, 2008
• David Baker
• Comments Off on Parents of autistic kids fight for the right to sue Ontario

The Canadian Press today published an article on the hearing next week in Ontario Autism Class Action, in which five families, represented by Bakerlaw, are challenging the Ontario government and seven school boards to provide full and timely access to treatment and education for children with autism. » Read the rest

Crucial hearing in autism class action lawsuit to take place on Monday, February 11 at Court of Appeal for Ontario

• February 6, 2008
• David Baker
• Comments Off on Crucial hearing in autism class action lawsuit to take place on Monday, February 11 at Court of Appeal for Ontario

Court to rule on whether class action on autism treatment and education can continue

A high-stakes hearing in a landmark autism class action lawsuit will take place at the Ontario Court of Appeal on Monday, February 11 at 10:30 am. The Court will hear arguments on several key issues in the case, in which parents are fighting the Ontario government and school boards for full and timely access to effective treatment and education for children with autism. » Read the rest