Court of Appeal Clarifies Prohibition on Common-Sense Assumptions and Stereotypes
- March 25, 2021
- Laura Lepine
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Content Warning: Sexual Assault
The Ontario Court of Appeal recently clarified two prohibitions in judicial reasoning: the prohibitions on common-sense assumptions and the prohibition on stereotypes. These overlapping rules relate to where a judge is permitted to draw inferences based on human experience or generalizations. » Read the rest
BC Human Rights Tribunal makes historic damages award to victim of racial harassment – but leaves him to swallow high legal costs
- February 8, 2021
- Laura Lepine
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On January 28, 2021, the BC Human Rights Tribunal awarded a former corrections officer nearly $1 million in damages for the racial discrimination he experienced in the workplace.
The decision marks the highest general damages award from the BC Tribunal. It comes just over 1.5 years after the Tribunal found that Levan Francis, a Black man, experienced discrimination in employment on the grounds of race and colour, as well as retaliation. » Read the rest
University of Waterloo Discriminated in its Admissions Decision, Court of Appeal Upholds
- January 11, 2021
- Laura Lepine
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The Ontario Court of Appeal has upheld a decision recognizing that students with disabilities are entitled to substantive accommodation when applying to university.
This decision confirms that university admission processes are not exempt from human rights obligations: where admissions standards adversely impact students with disabilities, universities must accommodate those students, or show that it would be an undue hardship to do so. » Read the rest
Jasmin Simpson Wins: Court Holds Student Loans Programs Violated Her Charter rights
- December 17, 2020
- Laura Lepine
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It took nearly two decades for Jasmin Simpson to get her day in court. It took only two months from the end of submissions for the Court to rule in her favour.
On October 26, 2020, the Ontario Superior Court of Justice held that Ms. » Read the rest
Does inaction on climate change violate Canadians’ human rights?
- November 16, 2020
- Laura Lepine
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Does inaction on climate change violate Canadians’ human rights? If the Netherlands are any example to follow, the answer may be yes.
In The Netherlands vs Urgenda, the Dutch Supreme Court found that an inadequate response to climate change can violate human rights. » Read the rest
Bus Driver with One Eye Wins Drivers’ License Case
- October 14, 2020
- Laura Lepine
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On July 15, 2020, an Oakville bus driver won her battle against the Ontario Ministry of Transportation regulation that stripped her of her drivers’ license after she lost her right eye to cancer.
Liliana Di Cienzo was a bus driver in Oakville for several years, operating a public bus under her Class C commercial drivers’ license. » Read the rest
Canadians Protected from Genetic Discrimination
- October 9, 2020
- Laura Lepine
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Genetic testing has never been more accessible. A genetic test can tell you about your ancestry, or tell your doctor important information about your health. The information from a genetic test, however, is highly personal. It would be a breach of your privacy if that information fell into the wrong hands. » Read the rest
UPDATE: Jasmin Simpson Challenges Discriminatory Student Loans Programs for Students with Disabilities
- January 15, 2020
- Laura Lepine
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From January 14-16, 2020, Jasmin Simpson will finally get her day in court.
Jasmin, who is blind, Deaf, and has lupus, has been waiting for this for nearly two decades. She graduated from Gallaudet University with a Bachelor’s and a Master’s degree in Social Work in 2008. » Read the rest
HSARB Orders Increased Nursing Hours, Recognizing the Risk of Parental Burnout
- May 2, 2019
- Laura Lepine
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On January 10th, 2019 the Health Services Appeal and Review Board (“HSARB”) released its decision in the case of K.H. v Toronto Central Local Health Integration Network. K.H., a 9-year-old girl, has a condition called short bowel syndrome. Her conditions necessitates the overnight administration of intravenous nutrition, among other things. » Read the rest
Class action certified for government negligence in abandoning 18 year old disabled people at the bottom of adult waitlists
- March 11, 2019
- Laura Lepine
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On December 14th, 2018, Justice Edward P. Belobaba of the Ontario Superior Court of Justice, certified a class action proceeding brought by the father of a disabled person, Briana Leroux. Briana is 20 years old and has a rare brain disorder; she will need constant care for her whole life. » Read the rest