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Bakerlaw Blog | Recent Announcements

Department of National Defence turns down foreign-trained professionals despite shortage

Starting Monday April 13, 2015, bakerlaw appeared before the Canadian Human Rights Commission in Toronto on behalf of Arthur Keith, a former U.S Air Force psychiatrist.  Despite a shortage of mental health staff in the Canadian military, and despite Dr. Keith being licensed to practice in Ontario, his applications have been consistently turned down due to a policy that excludes foreign-born and foreign-trained specialists due to a required extra level of certification.…

Bakerlaw Blog | Recent Announcements

Lobbyists, public office holders and conflict of interest

On April 14, 2015, the Globe and Mail reported that city councillor and vocal Uber opponent Jim Karygiannis received thousands of dollars in donations from the taxicab industry in the lead up to last year’s election (link to article).…

Bakerlaw Blog | Recent Announcements

Tribute to champion of disability rights, Helen Henderson

Canadian journalism has lost its preeminent writer on disability issues. Helen Henderson, who lived much of her professional life with multiple sclerosis died on April 11th  of cancer. Helen tackled cutting edge disability issues without ever sounding strident. The rights she demanded in her columns reflected her common sense and decency.…

Bakerlaw Blog | Recent Announcements

Accommodating Age in the Workplace

On March 24, 2015, David Baker will be delivering a paper at the Law Society of Upper Canada’s ‘Accommodating Age in the Workplace’ CPD event.  The event will examine what the virtual elimination of mandatory retirement will mean for employers accommodating an aging workforce.…

Bakerlaw Blog | Recent Announcements

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.

Bakerlaw Blog | Recent Announcements

The Challenges of ‘Glass Ceiling’ Litigation

Discrimination is often not overt. In cases of systemic discrimination, the dynamics are even more subtle, as the discrimination cannot be isolated to direct actions or statements. Moreover, systemic discrimination is often not intentional.  As Justice Abella put it in her 1984 Report of the Commission on Equality in Employment (link to report),

“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. …