Articles about ‘COVID-19’

Charter challenge claims CERB and CRB discriminated against people with disabilities

• December 7, 2021
• Daniel Mulroy
• Comments Off on Charter challenge claims CERB and CRB discriminated against people with disabilities

On November 26, 2021, the Toronto Star published the article “CERB and CRB discriminated against Canadians with disabilities, new Charter challenge claims” (link). This article outlines the Charter challenge Ms. Valerie Jacob has launched, with the assistance of bakerlaw, claiming that the Canada Emergency Relief Benefit (“CERB”) and the Canada Recovery Benefit (“CRB”) discriminated against her, as a worker with disabilities. » Read the rest

Dr. Poland Lai explores the impact of COVID-19 on individuals receiving and/or providing care

• December 1, 2021
• BakerLaw
• Comments Off on Dr. Poland Lai explores the impact of COVID-19 on individuals receiving and/or providing care

Dr. Poland Lai (link), Assistant Professor at York University, article Falling through the care cracks: younger people in long-term care homes (link) explores the issue of young persons with disabilities residing in Long-term care homes. She argues that LTC homes are not always considered as the most appropriate place for young persons with disabilities to reside, but the stark reality is that this is sometimes one of very limited choices available. » Read the rest

OHRC releases policy statement on vaccine mandates

• September 27, 2021
• Amanda Dimilta
• Comments Off on OHRC releases policy statement on vaccine mandates

On September 22, 2021, the Ontario Human Rights Commission (OHRC) released its statement regarding the Ontario government’s requirement that residents provide proof of full vaccination to access certain public settings, specifically higher risk indoor facilities.

The OHRC states that the mandate is generally permissible under the Ontario Human Rights Code (link), as long as those who cannot be vaccinated are reasonably accommodated. » Read the rest

Ontario Superior Court Unclear on IDEL Interpretation

• July 20, 2021
• BakerLaw
• Comments Off on Ontario Superior Court Unclear on IDEL Interpretation

The Ontario Superior Court has released its third decision involving whether or not Ontario’s Infectious Disease Emergency Leave Regulation (“IDEL”) under the Employment Standards Act (“ESA”) removes an employee’s right to sue for constructive dismissal at common law. » Read the rest

“Know Your Rights” – Vaccine Equity Podcast

• May 21, 2021
• BakerLaw
• Comments Off on “Know Your Rights” – Vaccine Equity Podcast

Bakerlaw’s David Baker (link) recently was a guest on the “Know Your Rights” segment of the Kelly and Company podcast – AMI-audio’s (link) daily live afternoon programming. On the podcast, he spoke with host Danielle McLaughlin about the inequitable roll-out of Ontario’s COVID vaccinations, and the impact that the inequitable vaccine roll-out is having on Ontarians with disabilities. » Read the rest

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

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