Blog

Issues in Litigation when Workplace Investigations are Conducted

• January 30, 2015
• BakerLaw
• Comments Off on Issues in Litigation when Workplace Investigations are Conducted

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

Accommodated Testing on the LSAT

• October 22, 2014
• BakerLaw
• Comments Off on Accommodated Testing on the LSAT

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

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

“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

Institutionalization as a Form of Discrimination

• September 24, 2014
• BakerLaw
• Comments Off on Institutionalization as a Form of Discrimination

Too often, people with disabilities are forced to move into an institution in order to receive the health care they require. These institutions are isolated from the community, and deprive many people with disabilities of the ability to participate in public and community life. » Read the rest

Osgoode Hall’s The Court Comments on Changes in Special Education

• September 24, 2014
• BakerLaw
• Comments Off on Osgoode Hall’s The Court Comments on Changes in Special Education

Osgoode Hall Law School’s The Court law blog has posted a comment on the effects of recent case law on special education services (link to comment).  For more information, please see bakerlaw‘s previous comment on the changes in special education (link to comment), as well as the 2012 Supreme Court of Canada decision, Moore v British Columbia (Ministry of Education), 2012 SCC 61 (link to decision), and the 2013 Human Rights Tribunal of Ontario decision, RB v Keewatin-Patricia District School Board, 2013 HRTO 1436 (link to decision).

“Canadians Should not be Provided Public Support to Kill Themselves”

• September 2, 2014
• BakerLaw
• Comments Off on “Canadians Should not be Provided Public Support to Kill Themselves”

Toronto, ON, August 29, 2014 —  “It’s not worse than death, and people who are mislead into believing it will be should not be offered public support to kill themselves”, say two leading disability rights organizations who will be opposing attempts to strike down statutory provisions designed to prevent counselling or assisting anyone, disabled or not, to die. » Read the rest