Articles about ‘Disability law’

As of August 1, 2022, bakerlaw has joined forces with Ross & McBride LLP.

Our team is excited to become part of the formidable group of human rights, employment, and constitutional lawyers at Ross & McBride. Our current and future clients will continue to receive the personalized, high-quality representation that has become synonymous with bakerlaw, and will benefit from the collaborative, cross-functional approach to complex issues that both we and Ross & McBride value. With the added resources of larger, full-service firm, this collaboration will allow us to take on new clients for the first time since October 2021. If you are seeking legal advice, please contact us at contact@rossmcbride.com

The content on this page is no longer being updated here. For news and updated content you can find it on the Ross & McBride News page.


Transportation of Persons with Disabilities in Canada: Triumphs and Tribulations

  • December 29, 2015
  • Kimberly Srivastava
  • Comments Off on Transportation of Persons with Disabilities in Canada: Triumphs and Tribulations

Bakerlaw has worked extensively in the area of advancing the rights of persons with disabilities in the transportation context.

Bakerlaw represented the Council of Canadians with Disabilities in the Via Rail case in 2007 click here to read the case (link). » Read the rest

Getting students with disabilities back to school: challenging suspensions and expulsions

  • December 16, 2015
  • BakerLaw
  • Comments Off on Getting students with disabilities back to school: challenging suspensions and expulsions

When a student with a disability has been suspended, expelled, or excluded from school the process for challenging this decision can be complicated and frustrating. Bakerlaw has been involved in getting many students back to school through both the human rights and the school board processes. » Read the rest

Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities

  • December 10, 2015
  • Kimberly Srivastava
  • Comments Off on Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities

A recent case decided at the Canadian Transportation Agency (CTA) has affirmed that deaf-blind persons have the right to determine their own need for an attendant during air travel. The case arose when Ms. Carrie Moffatt was told by Air Canada that she could not travel as a deaf-blind person without an attendant. » Read the rest

Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter

  • December 10, 2015
  • Kimberly Srivastava
  • Comments Off on Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter

Last week, the Attorney General of Canada submitted a motion to the Supreme Court of Canada to extend the deadline the Court gave in the Carter v Canada (Attorney General) judgment. In Carter, the Court struck down the provisions of the Criminal Code prohibiting physician assisted suicide (to read the full decision click here (link to decision)). » Read the rest

The Relationship between Employers and Insurers in Disability Accommodations

  • December 7, 2015
  • Kimberly Srivastava
  • Comments Off on The Relationship between Employers and Insurers in Disability Accommodations

Recently, bakerlaw has come across the issue of the relationship between employers and insurers in regards to disability claims and accommodation. It is well established that an employer bears the duty to accommodate the disability-related needs of an employee. In these cases, the issues between the insurer and employer can be kept separate and distinct. » Read the rest

Genetic Discrimination in Canada

  • December 7, 2015
  • Kimberly Srivastava
  • Comments Off on Genetic Discrimination in Canada

You may have seen the advertisements on TV or on the subway for at-home kits or private clinic genetic testing. While there are many benefits to having the testing done, there are also serious implications of which you should be aware including implications for your insurance. » Read the rest

Out-of-country medical care for youth with mental health disabilities

  • November 25, 2015
  • BakerLaw
  • Comments Off on Out-of-country medical care for youth with mental health disabilities

Bakerlaw has been extensively involved in filing applications with OHIP for out-of-country treatment, as well as filing appeals of negative OHIP decisions to the Health Services Appeal and Review Board. Many of our clients have been adolescents and young adults with complex mental health disabilities who urgently require residential treatment in specialized facilities in the United States. » Read the rest

Alberta Disability Forum’s “Dialogue on Health and Physician-Assisted Dying”

  • October 30, 2015
  • BakerLaw
  • Comments Off on Alberta Disability Forum’s “Dialogue on Health and Physician-Assisted Dying”

On October 29, 2015, David Baker participated in the Alberta Disability Forum’s “Dialogue on Health and Physician-Assisted Dying” alongside Dr. Eric Wasylenko.

Dr. Wasylenko is a palliative care physician in the Calgary area, and a clinical ethicist with the Health Quality Council of Alberta.  » Read the rest

Bakerlaw Demands Government Adhere to Accessible Procurement Policies

  • October 22, 2015
  • Kimberly Srivastava
  • Comments Off on Bakerlaw Demands Government Adhere to Accessible Procurement Policies

Bakerlaw is currently working on bringing a case against the Federal Government for its failure to procure accessible technologies for its employees.

A few years ago, bakerlaw represented the Applicant in Jodhan v Canada (link to case)Ms.  Jodhan is visually impaired and was unable to access public Federal Government websites. » Read the rest

Proposal for the Changing Workplace Review Initiative

  • October 21, 2015
  • BakerLaw
  • Comments Off on Proposal for the Changing Workplace Review Initiative

David Baker and previous bakerlaw associate Meryl Gary (Lancaster House), Wade Poziomka (Ross & McBride LLP), and Karen Segal (Lancaster House) have together drafted a proposal regarding the Changing Workplaces Review. This Review was tasked with “engaging openly with Ontarians to consider actions that will support labour and employment law reforms” and with “building a fair and inclusive society”. » Read the rest

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