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Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

  • July 21, 2021
  • Daniel Mulroy
  • Comments Off on Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

A recent Manitoba Court of Appeals case, McCallum v Saputo Dairy Products GP (link) reaffirmed that there is no duty on an employer to investigate before terminating an employee.

The appellant, Patrick McCallum, was a sales representative for the respondent, Saputo Dairy Products GP (“Saputo”).   » Read the rest

Ontario Superior Court Unclear on IDEL Interpretation

  • July 20, 2021
  • BakerLaw
  • Comments Off on Ontario Superior Court Unclear on IDEL Interpretation

The Ontario Superior Court has released its third decision involving whether or not Ontario’s Infectious Disease Emergency Leave Regulation (“IDEL”) under the Employment Standards Act (“ESA”) removes an employee’s right to sue for constructive dismissal at common law. » Read the rest

Issues with Artificial Intelligence: The Need for Regulation

  • July 6, 2021
  • Daniel Mulroy
  • Comments Off on Issues with Artificial Intelligence: The Need for Regulation

The Law Commission of Ontario (LCO) has initiated a multiyear, multidisciplinary project to research the development, and impact of artificial intelligence (AI), automated decision-making (ADM) and algorithms on access to justice, human rights, and due process.

A recent publication from the LCO, Regulating AI: Critical Issues and Choices (link), discusses the issues that arise from the use of AI and ADM, and calls for significant regulatory reform in Ontario. » Read the rest

Protected Ground of Citizenship does not Include Permanent Residency

  • June 21, 2021
  • BakerLaw
  • Comments Off on Protected Ground of Citizenship does not Include Permanent Residency

Ontario’s Divisional Court allowed an application for judicial review regarding the 2018 case of Haseeb v. Imperial Oil (Link) .While the Tribunal had ruled that the protected ground of citizenship extended to permanent residents, the Divisional Court disagreed and overturned this finding. » Read the rest

Making hospital health care more accessible for persons with disabilities

  • June 4, 2021
  • BakerLaw
  • Comments Off on Making hospital health care more accessible for persons with disabilities

The Provincial Health Care Standards Development Committee is seeking public feedback to on its recommendations to update standards in hospitals. The initial recommendations seek to increase accessibility of health care services delivered in hospitals to persons with disabilities.

The Committee’s initial report containing 22 recommendations can be accessed here (link). » Read the rest

Nico’s Amendment: Changes to immigration laws expected to address discrimination against applicants with disabilities

  • June 4, 2021
  • BakerLaw
  • Comments Off on Nico’s Amendment: Changes to immigration laws expected to address discrimination against applicants with disabilities

The Federal government has announced it will be changing the current discriminatory immigration laws which create an additional hurdle for migrants with disabilities and illnesses.

The change arises from Felipe Montoya’s personal experience navigating the discriminatory immigration rules. Mr. Montoya came to Canada in 2012 under a work permit for a tenured position at York University in the faculty of environmental studies.   » Read the rest

“Know Your Rights” – Vaccine Equity Podcast

  • May 21, 2021
  • BakerLaw
  • Comments Off on “Know Your Rights” – Vaccine Equity Podcast

Bakerlaw’s David Baker (link) recently was a guest on the “Know Your Rights” segment of the Kelly and Company podcast – AMI-audio’s (link) daily live afternoon programming. On the podcast, he spoke with host Danielle McLaughlin about the inequitable roll-out of Ontario’s COVID vaccinations, and the impact that the inequitable vaccine roll-out is having on Ontarians with disabilities. » Read the rest

COVID-19 Temporary Layoffs Can Be Constructive Dismissal

  • May 20, 2021
  • BakerLaw
  • Comments Off on COVID-19 Temporary Layoffs Can Be Constructive Dismissal

On April 16th, 2021, the Superior Court of Ontario held that Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act does not remove a laid-off employee’s common law right to sue for constructive dismissal.

The IDEL Regulation, which was enacted at the beginning of the COVID-19 pandemic, gave non-unionized employees the right to take unpaid, job-protected, infectious disease emergency leave if they were not performing the duties of their position because of reasons related to COVID-19. » Read the rest

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