Health law

Jodhan wins landmark case against federal government to fix inaccessible websites

Toronto – November 29, 2010 – Today the Federal Court of Canada released a landmark decision concerning the right of Canadians with disabilities to access government websites.

Justice Kelen has ruled that Canada’s federal government must deliver key websites in a useable format for blind and partially-sighted Canadians. Canada will now be joining with numerous other countries – such as the United States, Australia and EU member states – that have already made their federal websites accessible. The tools and standards for building accessible websites are inexpensive and widely available to web developers.

Bakerlaw staff complete new research paper

Bakerlaw senior associate David Baker and articling student Erin Hallock have completed a new paper entitled “The Relationship Between Long-Term Disability Benefits and The Duty to Accommodate: The Plaintiff’s Perspective.”

Click here for the full paper in Word format.

Click here for the full paper PDF format.

Editorial: Government should heed call for better web accessibility

The Law Times has published an editorial in support of Bakerlaw client Donna Jodhan's Charter of Rights challenge against the Federal Government over websites that are inaccessible to blind and partially sighted web users.

"The government should drop its reluctance and heed Jodhan’s call for improved accessibility," writes Glenn Kauth, the author of the editoral. "As the online world grows in importance, there’s no justification for leaving people with disabilities behind."

Click here to view the full editorial on the Law Times website.

Donna Jodhan web accessbility hearings

Donna Jodhan's web accessibility Charter Challenge against the Federal Government has been covered by a number of major media outlets. Bakerlaw's David Baker and Meryl Gary are in Federal Court from September 21st-23rd arguing Ms. Jodhan's case.

The governments of many countries, including the United States, EU member states and Australia have already made their websites accessible to blind users. Canada's Federal Government is refusing to follow suit, despite the fact that accessible sites are easy and inexpensive to build and maintain.

Blind MBA to have her day in court over inaccessible government websites

From September 21st to the 23rd, Bakerlaw will be representing Donna Jodhan before the Federal Court of Canada in Toronto. Ms. Jodhan, a legally blind Canadian, is challenging the federal government over websites that are inaccessible to blind and partially sighted web surfers. Bakerlaw is asking the courts to require that the government make job application forms and other major services accessible for these users.

Cara Wilkie to speak at Annual Conference of the National Educational Association of Disabled Students

Bakerlaw associate Cara Wilkie is scheduled to speak at the 2010 Conference of the National Educational Association of Disabled Students (NEADS). The subject of her talk is Human Rights of People with Disabilities: Practical Strategies.

The conference runs from November 12-14 at the at the Delta Winnipeg Hotel in Winnipeg, Manitoba, and Ms. Wilkie will be speaking on the 14th. Click here for the official website.

Government releases report of Beer's Independent Review of the Accessibility for Ontarians with Disabilities Act

The Ontario government has released the report of Charles Beer's Independent Review of the Accessibility for Ontarians with Disabilities Act. Click here to read the full report on the government website.

Bakerlaw to Challenge Inaccessibility of Government Websites in Federal Court

Bakerlaw will soon be headed to federal court with client Donna Jodhan. Jodhan, who is among approximately 10 per cent of the population with vision disabilities, is asking the government to provide vision impaired Canadians with equal access to government information and services online. Bakerlaw hopes to compel the government to update its web accessibility standards and ensure its websites are accessible to all Canadians.

Divisional Court to Review Decision by Special Education Tribunal

On Monday April 26, 2010 the Divisional Court will hear oral arguments in Kozak vs. Toronto District School Board et. al.; a judicial review of the Special Education Tribunal’s decision to uphold the Toronto District School Board’s placement of Jared Kozak in an unidentified special education class.

Bakerlaw comments on out-of-country-medical issue

The Canadian Association of Retired People (CARP) recently published an article on the issue of reimbursement for necessary out-of-country medical services.

The piece notes Bakerlaw's extensive work on this issue in the courts, and includes discussion from Nicole Chrolavicius on this important healthcare issue.

Click here to read the article on CARP's website.

Air Canada charges extra fare to woman for her immobilized leg

In January of this year, Bakerlaw clients won a landmark ruling requiring airlines to provide an extra seat to disabled Canadians for a medical attendant or if required by their condition.

The decision takes effect on January 9th, 2009. In the meantime, unfortunately, Air Canada has required a Newfoundland woman to pay for an extra seat because her leg is in a cast and cannot be bent.

Click here to read the Western Star's report.

Let's stop penalizing disabilities - including obesity

The Globe and Mail today published an excellent opinion piece by Andre Picard on the one person, one fare case. (In January of this year, Bakerlaw and its clients, the council of Canadians With Disabilities, won a landmark ruling in the case requiring airlines to provide an extra seat to disabled Canadians for a medical attendant or if required by their condition.)

Supreme Court refuses to hear appeal in autism lawsuit

A number of media outlets have reported on the Supreme Court of Canada's refusal to grant leave to appeal in the Autism Class Action Lawsuit.

Click here to read the CBC's story.

Click here to read the Globe and Mail's story.

Click here to read the Toronto Star's story.

Supreme Court Rejects Application for Leave to Appeal in Autism Class Action Lawsuit

Today the Supreme Court of Canada rejected the application for leave to appeal filed by the plaintiffs in the Ontario Autism Class Action Lawsuit.

The five families behind the case, which seeks full and timely access to treatment and education for children with autism, expressed their disappointment over the decision, and noted that they would be meeting with David Baker, their legal counsel, in the coming days to determine next steps.

Whatever the parents ultimately decide, they emphasize that the issue is not going away. "Autism

Families Take Autism Class Action to Supreme Court of Canada

The plaintiffs in the Ontario Autism Class Action Lawsuit announced today that they are taking their case to the Supreme Court of Canada, continuing their battle for full and timely access to effective treatment and education for children with autism. Bakerlaw is legal counsel to the five families behind the case.

Click here to read the full press release in Adobe PDF format.

Syndicate content