Blog

COVID-19 Temporary Layoffs Can Be Constructive Dismissal

• May 20, 2021
• BakerLaw
• Comments Off on COVID-19 Temporary Layoffs Can Be Constructive Dismissal

On April 16^th, 2021, the Superior Court of Ontario held that Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act does not remove a laid-off employee’s common law right to sue for constructive dismissal.

The IDEL Regulation, which was enacted at the beginning of the COVID-19 pandemic, gave non-unionized employees the right to take unpaid, job-protected, infectious disease emergency leave if they were not performing the duties of their position because of reasons related to COVID-19. » Read the rest

Ableism in the Medical Profession

• May 10, 2021
• BakerLaw
• Comments Off on Ableism in the Medical Profession

In a recent article, BBC News has reported on the discriminatory treatment experienced by disabled medical students in the pursuit of accommodations for their disability-related needs. Referred to as “ableism,” perceptions within professional circles of medical students and professionals with disabilities as inferior and less competent has resulted in many not getting the accommodations that they need.   » Read the rest

BakerLaw Statement on Vaccine Equity Court Decision

• May 5, 2021
• BakerLaw
• Comments Off on BakerLaw Statement on Vaccine Equity Court Decision

On behalf of our client, David Daneshvar, Bakerlaw is demanding the Doug Ford government immediately institute a vaccine equity strategy following today’s Ontario Divisional Court ruling. While today’s Court ruling stopped short of finding the government was infringing on its Charter obligations due to concerns about jurisdiction, it notes the case is being dismissed “not because the underlying issues are without any merit.” » Read the rest

Proof of Disability Required for those Alleging Discrimination Relating to Masking Rules

• April 27, 2021
• Khalid Mahdi
• Comments Off on Proof of Disability Required for those Alleging Discrimination Relating to Masking Rules

A recent screening decision by the British Columbia Human Rights Tribunal (“BCHRT”) held that any complaints of disability discrimination arising from a requirement to wear a mask must be substantiated by evidence of the existence of a disability. This decision sheds light on the response to B.C.’s » Read the rest

Ford government in court on Friday over vaccine equity legal challenge

• April 14, 2021
• BakerLaw
• Comments Off on Ford government in court on Friday over vaccine equity legal challenge

Amidst mounting evidence and personal horror stories that the Ford government is failing to provide fair access to COVID-19 vaccines, the Province is spending precious resources by forcing a court hearing for this Friday, April 16th. The hearing will challenge the provincial government vaccine strategy that fails to provide clear direction and sufficient resources to Public Health Units to take an equity approach – which would include necessary accommodations – to vaccine distribution, as well as to ensure effective data collection. » Read the rest

Human Rights Protections Apply—Even in a Pandemic

• April 13, 2021
• Amanda Dimilta
• Comments Off on Human Rights Protections Apply—Even in a Pandemic

In the first merits decision of the Human Rights Tribunal of Ontario (“HRTO”) on the role of human rights during the Covid-19 pandemic, Vice Chair Jennifer Scott minced no words. “Human rights protections do not go away in a pandemic.” JL v. » 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

Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination

• March 30, 2021
• Anoop Kalsi
• Comments Off on Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination

Family status discrimination has been a hot issue at the Ontario Human Rights Tribunal, particularly because the test for family status discrimination may not have been as clear as some would hope. Much of the confusion arises as to whether the Federal Court of Appeal decision in Canada (Attorney General) v. » Read the rest

Remote learning for students with disabilities, a welcomed approach to accessible post-secondary education

• March 29, 2021
• Anoop Kalsi
• Comments Off on Remote learning for students with disabilities, a welcomed approach to accessible post-secondary education

A recent article by the CBC explored the impact of remote learning on students with disabilities (link). The COVID-19 pandemic forced school boards, colleges, and universities to adapt to and implement remote learning options for all students. Post-secondary students had access to their classes through video platforms and/or pre-recorded lectures. » Read the rest

Court of Appeal Clarifies Prohibition on Common-Sense Assumptions and Stereotypes

• March 25, 2021
• Laura Lepine
• Comments Off on Court of Appeal Clarifies Prohibition on Common-Sense Assumptions and Stereotypes

Content Warning: Sexual Assault

The Ontario Court of Appeal recently clarified two prohibitions in judicial reasoning: the prohibitions on common-sense assumptions and the prohibition on stereotypes. These overlapping rules relate to where a judge is permitted to draw inferences based on human experience or generalizations. » Read the rest