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Legal Issues

As of August 1, 2022, bakerlaw has joined forces with Ross & McBride LLP.

Our team is excited to become part of the formidable group of human rights, employment, and constitutional lawyers at Ross & McBride. Our current and future clients will continue to receive the personalized, high-quality representation that has become synonymous with bakerlaw, and will benefit from the collaborative, cross-functional approach to complex issues that both we and Ross & McBride value. With the added resources of larger, full-service firm, this collaboration will allow us to take on new clients for the first time since October 2021. If you are seeking legal advice, please contact us at contact@rossmcbride.com

The content on this page is no longer being updated here. For news and updated content you can find it on the Ross & McBride News page.


Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities

  • December 10, 2015
  • Kimberly Srivastava
  • Comments Off on Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities

A recent case decided at the Canadian Transportation Agency (CTA) has affirmed that deaf-blind persons have the right to determine their own need for an attendant during air travel. The case arose when Ms. Carrie Moffatt was told by Air Canada that she could not travel as a deaf-blind person without an attendant. » Read the rest

Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter

  • December 10, 2015
  • Kimberly Srivastava
  • Comments Off on Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter

Last week, the Attorney General of Canada submitted a motion to the Supreme Court of Canada to extend the deadline the Court gave in the Carter v Canada (Attorney General) judgment. In Carter, the Court struck down the provisions of the Criminal Code prohibiting physician assisted suicide (to read the full decision click here (link to decision)). » Read the rest

The Relationship between Employers and Insurers in Disability Accommodations

  • December 7, 2015
  • Kimberly Srivastava
  • Comments Off on The Relationship between Employers and Insurers in Disability Accommodations

Recently, bakerlaw has come across the issue of the relationship between employers and insurers in regards to disability claims and accommodation. It is well established that an employer bears the duty to accommodate the disability-related needs of an employee. In these cases, the issues between the insurer and employer can be kept separate and distinct. » Read the rest

Genetic Discrimination in Canada

  • December 7, 2015
  • Kimberly Srivastava
  • Comments Off on Genetic Discrimination in Canada

You may have seen the advertisements on TV or on the subway for at-home kits or private clinic genetic testing. While there are many benefits to having the testing done, there are also serious implications of which you should be aware including implications for your insurance. » Read the rest

Out-of-country medical care for youth with mental health disabilities

  • November 25, 2015
  • BakerLaw
  • Comments Off on Out-of-country medical care for youth with mental health disabilities

Bakerlaw has been extensively involved in filing applications with OHIP for out-of-country treatment, as well as filing appeals of negative OHIP decisions to the Health Services Appeal and Review Board. Many of our clients have been adolescents and young adults with complex mental health disabilities who urgently require residential treatment in specialized facilities in the United States. » Read the rest

Alberta Disability Forum’s “Dialogue on Health and Physician-Assisted Dying”

  • October 30, 2015
  • BakerLaw
  • Comments Off on Alberta Disability Forum’s “Dialogue on Health and Physician-Assisted Dying”

On October 29, 2015, David Baker participated in the Alberta Disability Forum’s “Dialogue on Health and Physician-Assisted Dying” alongside Dr. Eric Wasylenko.

Dr. Wasylenko is a palliative care physician in the Calgary area, and a clinical ethicist with the Health Quality Council of Alberta.  » Read the rest

Bakerlaw Demands Government Adhere to Accessible Procurement Policies

  • October 22, 2015
  • Kimberly Srivastava
  • Comments Off on Bakerlaw Demands Government Adhere to Accessible Procurement Policies

Bakerlaw is currently working on bringing a case against the Federal Government for its failure to procure accessible technologies for its employees.

A few years ago, bakerlaw represented the Applicant in Jodhan v Canada (link to case)Ms.  Jodhan is visually impaired and was unable to access public Federal Government websites. » Read the rest

Proposal for the Changing Workplace Review Initiative

  • October 21, 2015
  • BakerLaw
  • Comments Off on Proposal for the Changing Workplace Review Initiative

David Baker and previous bakerlaw associate Meryl Gary (Lancaster House), Wade Poziomka (Ross & McBride LLP), and Karen Segal (Lancaster House) have together drafted a proposal regarding the Changing Workplaces Review. This Review was tasked with “engaging openly with Ontarians to consider actions that will support labour and employment law reforms” and with “building a fair and inclusive society”. » Read the rest

New OHRC report on persons with mental health and addiction disabilities

  • October 15, 2015
  • BakerLaw
  • Comments Off on New OHRC report on persons with mental health and addiction disabilities

On October 5, 2015, the Ontario Human Rights Commission released a new report, ‘By the numbers – a statistical profile of people with mental health and addiction disabilities in Ontario.’

To review the report, click here (link to report).

For more information on your rights with respect to mental health and addiction disabilities, please contact us (link ). » Read the rest

One Step Closer to Deinstitutionalization

  • October 14, 2015
  • BakerLaw
  • Comments Off on One Step Closer to Deinstitutionalization

Bakerlaw has been working to import the “Olmstead principle” into Canadian human rights law (for an earlier post on the issue click here (link to post). In the Olmstead case, a U.S. court held that it was discriminatory to place people in institutions when they could receive the care they required in the community (for more information read the Olmstead case here (link to case) or visit the Bazelon Centre website (link to website)). » Read the rest

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