Resources

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

2021Federal Budget Expands Benefits for Canadians with Disabilities

• May 7, 2021
• BakerLaw
• Comments Off on 2021Federal Budget Expands Benefits for Canadians with Disabilities

On April 19, 2021, the Trudeau government released its 2021 budget. The budget offers a number of benefits and expansions to existing programs to help Canadians during these difficult times. Maclean’s magazine has provided a detailed summary of the budget, which you can access here (link). » 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

Equity issues in the Canada Research Chairs Program Resolved by Settlement

• April 29, 2021
• BakerLaw
• Comments Off on Equity issues in the Canada Research Chairs Program Resolved by Settlement

Around March 31, 2021, the Government of Canada settled a complaint filed by a University of Ottawa law professor, Amir Attaran, regarding equity issues within the Canada Research Chairs (CRC) Program. The CRC program awards grants to Canada’s top researchers. This marks one of two settlements concerning equity within the program. » Read the rest

New Online Complaint System seeks to Hold Canadian Businesses Accountable for Human Rights Abuses

• April 28, 2021
• Khalid Mahdi
• Comments Off on New Online Complaint System seeks to Hold Canadian Businesses Accountable for Human Rights Abuses

In March 2021, the Canadian Ombudsperson for Responsible Enterprise (CORE) launched an online form (link) that would allow foreign individuals, organizations and communities to file complaints of possible human rights violations arising from the operations of Canadian companies operating abroad. » 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