Legal Issues

Accommodating Age in the Workplace

• March 6, 2015
• BakerLaw
• Comments Off on Accommodating Age in the Workplace

On March 24, 2015, David Baker will be delivering a paper at the Law Society of Upper Canada’s ‘Accommodating Age in the Workplace’ CPD event.  The event will examine what the virtual elimination of mandatory retirement will mean for employers accommodating an aging workforce. » Read the rest

Issues in Litigation when Workplace Investigations are Conducted

• January 30, 2015
• BakerLaw
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Workplace investigations are becoming increasingly routine in the today’s business environment.  When a workplace investigation is conducted in an employment or human rights matter that ends up proceeding to litigation, the results of that investigation can be very valuable.  However, there are a number of issues of which an employee must be aware in terms of their rights with respect to the workplace investigation and its results, including:

1. The workplace investigation must be fair;
2. The employee must err on the side of caution and assume that the limitation period for preserving their legal rights is running while the workplace investigation is being conducted; and
3. Unless explicitly stated to the contrary, the employee should assume the employer will claim the results of the workplace investigation as privileged and confidential.

The Challenges of ‘Glass Ceiling’ Litigation

• January 5, 2015
• BakerLaw
• Comments Off on The Challenges of ‘Glass Ceiling’ Litigation

“it is not a question of whether this discrimination is motivated by an intentional desire to obstruct someone’s potential, or whether it is the accidental by-product of innocently motivated practices or systems.  » Read the rest

Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code

• November 28, 2014
• BakerLaw
• Comments Off on Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code

On November 25, 2014, the Ontario Human Rights Commission (OHRC) released a statement on “Sexual Harassment and the Ontario Human Rights Code” (link to statement).  In the statement, the OHRC notes that it was prompted to issue the statement as a result of ‘recent events’ (i.e.  » Read the rest

Accommodated Testing on the LSAT

• October 22, 2014
• BakerLaw
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In May 2014, the Law School Admission Council (LSAC) settled a lawsuit with the U.S. Department of Justice regarding accommodations on the Law School Admission Test (LSAT) (link to settlement agreement).  In the lawsuit, the plaintiffs alleged that the LSAC’s accommodation policy violated the Americans with Disabilities Act, as well as state anti-discrimination laws.  » Read the rest

The Government Spending More Money Fighting Claims than Getting People Care

• October 22, 2014
• BakerLaw
• Comments Off on The Government Spending More Money Fighting Claims than Getting People Care

An article recently published in the London Free Press outlines the transformation of Ontario’s health care coverage claim and appeal process into a system in which the Ministry of Health denies countless deserving claims and it is nearly impossible for a patient to win an appeal to the Health Services Appeal and Review Board (link to article).  » Read the rest

VIA Rail Class Action and Settlement Agreement regarding Inaccessibility of VIA train Sleeper Cars

• October 21, 2014
• BakerLaw
• Comments Off on VIA Rail Class Action and Settlement Agreement regarding Inaccessibility of VIA train Sleeper Cars

In August 2014, bakerlaw posted about VIA Rail’s announcement of new accessible cabins for two on its Canadian train between Toronto and Vancouver (link to post).   Trips onboard the renovated sleeper car with an accessible double sleeping compartment are now being offered at a compensatory discount to members of a recent class action settlement in Cummings vs. » Read the rest

Youth Mental Health in Education (YMHE) Action Group – Ensuring Accessible Education for Students with Mental Health Disabilities

• October 21, 2014
• BakerLaw
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On October 7, 2014, Toronto District School Board teacher Sheryl Boswell hosted the “Taking Action in Youth Mental Health in Education” event to raise awareness and funds for the Youth Mental Health in Education (YMHE) Action group.  The YMHE Action group is comprised of educators, parents, people with experience in mental health issues, and concerned community members, all of whom share the goals of increasing awareness of youth mental health issues in the educational system and ensuring that accessible education is a reality for all. » Read the rest

Bakerlaw to appear before Supreme Court of Canada in Carter Assisted Suicide case

• October 10, 2014
• BakerLaw
• Comments Off on Bakerlaw to appear before Supreme Court of Canada in Carter Assisted Suicide case

On Wednesday, October 15, 2014, the Supreme Court of Canada is set to hear arguments on whether Canada should strike down statutory provisions designed to prevent assisted suicide, but only with regard to disabled people. The Council of Canadians with Disabilities (CCD) and the Canadian Association for Community Living (CACL) are the organized voice of Canada’s disabled citizens and will be represented by bakerlaw as an intervener at the hearing in order to oppose efforts to legalize assisted suicide and euthanasia (AS/E). » Read the rest

“Humanity Evolving on Human Rights” – Interesting and Insightful Comment from Disability Rights Advocate Jim Derksen

• September 29, 2014
• BakerLaw
• Comments Off on “Humanity Evolving on Human Rights” – Interesting and Insightful Comment from Disability Rights Advocate Jim Derksen

On September 29, 2014, disability rights advocate Jim Derksen published an insightful comment on the development of human rights understanding (link to article). Mr. Derksen is a leader in local, provincial, national, and international disability movements, and presently serves on the inclusive design advisory committee and human rights advisory council to the Canadian Museum of Human Rights, an organization he believes will play an important role in facilitating ongoing discussion about what human rights means and “how it can be applied to human relations throughout the world.” » Read the rest