Blog

Update: Charities can sponsor Test Case litigation

  • August 21, 2018
  • Rebeka Lauks
  • Comments Off on Update: Charities can sponsor Test Case litigation

Bakerlaw recently posted about the Ontario Superior Court of Justice’s decision in Canada Without Poverty v AG Canada, 2018 ONSC 4147, in which the Court struck down a prohibition in the Income Tax Act preventing registered charities from devoting more than 10% of their resources to “political activities”. You can read our blog post here (link). » Read the rest

Charities can sponsor Test Case litigation

  • July 31, 2018
  • Rebeka Lauks
  • Comments Off on Charities can sponsor Test Case litigation

On July 16th, 2018, the Ontario Superior Court of Justice struck down a prohibition in the Income Tax Act preventing registered charities from devoting more than 10% of their resources to “political activities”. This welcome decision paves the way for registered charities to sponsor advocacy that may previously have been limited as “political”, including “test case” litigation. » Read the rest

Client wins landmark award of $200,000 for sexual assault

  • March 1, 2018
  • Rebeka Lauks
  • Comments Off on Client wins landmark award of $200,000 for sexual assault

9 years ago, our client filed an HRTO application detailing how she had been sexually assaulted, solicited, threatened, and harassed in her workplace and in her home. The assaults were perpetrated by her boss who was also her landlord. It was a long journey, but earlier this year we welcomed the Tribunal’s decision affirming the discrimination and pattern of victimization she experienced. » Read the rest

David Baker reviews the new book, “Disabling Barriers: Social Movements, Disability History, and the Law”, edited by Ravi Malhotra and Benjamin Isitt

  • October 20, 2017
  • Rebeka Lauks
  • Comments Off on David Baker reviews the new book, “Disabling Barriers: Social Movements, Disability History, and the Law”, edited by Ravi Malhotra and Benjamin Isitt

Review (click HERE for the PDF version)

Disabling Barriers: Social Movements, Disability History, and the Law, ed. Ravi Malhotra and Benjamin Isitt

UBC Press, $32.95

The two editors of this valuable new addition to the small but growing literature on the law, history and politics of disability in Canada is most welcome. » Read the rest

Establishing the Right to Palliative Care in Canada

  • September 14, 2017
  • Rebeka Lauks
  • Comments Off on Establishing the Right to Palliative Care in Canada

Bakerlaw’s David Baker and summer student Geoff Cross recently wrote an article entitled: Establishing The Right to Palliative Care in Canada (link). The article explores two possible ways to establish an enforceable legal right to palliative care in Canada.

This paper builds on the firm’s previous work on the subject which can be viewed here (link) and here (link). » Read the rest

Update: Fighting to Support Children with Autism in Ontario Schools

  • August 21, 2017
  • Rebeka Lauks
  • Comments Off on Update: Fighting to Support Children with Autism in Ontario Schools

Since 2016, Bakerlaw has been fighting to have Applied Behaviour Analysis (ABA) provided in Ontario schools on behalf of our young client, Jack.

Jack is a five year old boy with Autism. Like many other students with Autism, Jack needs ABA teaching methods in order to meaningfully access his education. Jack’s parents have filed a human rights application against Jack’s school board, the Dufferin-Peel Catholic District School Board (DPCDSB), to try and ensure Jack can benefit from Ontario education like any other student by having access to ABA at the level of intensity he requires. » Read the rest

Technological Accessibility: The Future Begins with Federal Government Websites

  • August 16, 2017
  • Rebeka Lauks
  • Comments Off on Technological Accessibility: The Future Begins with Federal Government Websites

In June 2017, the University of Pennsylvania Press published Disability, Human Rights, and Information Technology, edited by Jonathan Lazar and Michael Ashley Stein. The work is a collection of essays discussing barriers and accommodations for persons with disabilities in an increasingly technologically-driven world. Chapter 6, “Using Provincial Laws to Drive a National Agenda: Connecting Human Rights and Disability Rights Law”, by Ravi Malhotra and Megan A. » Read the rest

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

  • August 16, 2017
  • Rebeka Lauks
  • Comments Off on 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
  • Rebeka Lauks
  • Comments Off on New Developments in Harassment and Poisoned Environment Jurisprudence in Ontario

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
  • Rebeka Lauks
  • Comments Off on New Decision Puts Responsibility on Employers to Remedy Poisoned Work Environments

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

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