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Reflections on Justice John Matheson’s Landmark Decision in Clark v Clark

In 1982, Justin Clark made history when he successfully defeated his parents’ application to have him declared legally incapable of making his own decisions. Justin had lived in the Rideau Regional Centre in Lanark County for 18 of his 20 years of life, and suffered multiple disabilities as a result of cerebral palsy. » Read the rest

New Developments in Harassment and Poisoned Environment Jurisprudence in Ontario

  • July 24, 2017
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The month of June, 2017 was full of promising decisions from the Ontario Human Rights Tribunal with respect to workplace harassment and poisoned environment. In Gricken v Andriano, the Tribunal awarded $20,000 to a complainant whose landlord persistently harassed her on the basis of sex. In George v 1735475 Ontario Limited, the Tribunal also awarded $20,000 to the complainant, this time based on a poisoned work environment on the basis of race. » Read the rest

New Decision Puts Responsibility on Employers to Remedy Poisoned Work Environments

  • July 24, 2017
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The Human Rights Tribunal of Ontario’s recent decision in George v 1735475 Ontario Limited (2017 HRTO 761) is an important precedent in combatting discrimination that permeates a work environment. This type of discrimination is known as a ‘poisoned environment’. In this case, a construction company was found liable for a racially poisoned environment. » Read the rest

Human Rights Tribunal of Ontario awards compensation to tenant whose landlord “made her personal life a misery”

  • July 24, 2017
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In Gricken v Andriano, 2017 HRTO 698, Janice Gricken brought an application before the HRTO alleging discrimination with respect to housing based on sex, age, and perceived receipt of public assistance, as well as reprisal, contrary to the Ontario Human Rights Code. The application was made against Ms. Gricken’s landlord, Jacques Andriano. » Read the rest

Ontario Superior Court Recognizes Independent Tort of Harassment in Sweeping Critique of the RCMP

  • July 24, 2017
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On February 28, 2017, the Ontario Superior Court released a lengthy, sweeping judgment, criticizing the RCMP and its officers for a prolonged campaign of harassment against Sergeant Peter Merrifield.

Over a period of seven years, the Court found that members of the RCMP had launched unsubstantiated disciplinary investigations against Sergeant Merrifield; had transferred Sergeant Merrifield away from his field of expertise and denied him assignments; accused him of “kiting” or stealing funds from his RCMP American Express card; critiqued Sergeant Merrifield for engaging in public appearances; made disparaging comments about Sergeant Merrifield to his human intelligence sources as well as other members of the RCMP; and ultimately did what they could to ensure Sergeant Merrifield’s illustrious career was stonewalled. » Read the rest

Stewart v Elk Valley Coal Corp. Summary: SCC Reaffirms Test for Discrimination but Gives a Narrow Understanding of Addiction

  • June 27, 2017
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On June 15, 2017, the Supreme Court of Canada handed down its decision in the case of Stewart v Elk Valley Coal Corp., 2017 SCC 30.  The majority judgment affirmed the current framework for determining whether discrimination has occurred. However, bakerlaw is concerned that the majority decision could have a chilling effect on individuals suffering from an addiction, as the Court’s ruling hinged on a very narrow understanding of addiction, which impacted its decision on whether in this case, drug dependence was a factor in the termination of employment. » Read the rest

Federal Benefits Workers not to Play Detective

  • May 24, 2017
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The Toronto Star has recently published an article by Jordan Press entitled: Federal benefits workers told to stay off social media when vetting applications.

The article explains how workers who determine eligibility for employment, disability, or seniors’ benefits are not permitted to use publicly available information, including social media posts, online obituaries, and municipal property information, when deciding whether someone qualifies for benefits. » Read the rest

Married Couple Able to Travel Together on VIA Rail Trains

  • April 28, 2017
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Our clients are celebrating a major victory over VIA Rail.

Our clients, are husband and wife and are both persons with disabilities who use scooters to assist in their mobility. VIA Rail trains only have one tie-down space per train and as a result, our clients have been forced to travel separately or risk damage to their scooters by having them stowed improperly. » Read the rest

Bakerlaw prepares to challenge 2011 amendments to Out-of-Country OHIP legislation

  • April 12, 2017
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As indicated in our blog post here (link), Ontario’s Health Insurance Act and specifically the regulations that govern Out-of-Country claims for OHIP funding were significantly restricted by legislative amendments in 2011.

Bakerlaw has been retained to challenge one of these amendments, which currently requires that all patients seeking funding for the administration of a drug, including the provision of that drug, payment must be recommended by the Executive Officer of the Ontario Drug Benefit Act. » Read the rest

Out-of-Country OHIP requests – Bakerlaw continues to help

  • April 12, 2017
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Bakerlaw continues to help clients obtain prior approval for OHIP funding for out-of-country medical expenses. Unfortunately the Ministry of Health rarely grants Ontarians’ legitimate requests for out-of-country funding for medically necessary treatment which is unavailable in Ontario on a timely basis. Bakerlaw was a key player in developing this area of law and we continue to see results at all stages of the proceeding. » Read the rest

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