Ford government in court on Friday over vaccine equity legal challenge
- April 14, 2021
- BakerLaw
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Amidst mounting evidence and personal horror stories that the Ford government is failing to provide fair access to COVID-19 vaccines, the Province is spending precious resources by forcing a court hearing for this Friday, April 16th. The hearing will challenge the provincial government vaccine strategy that fails to provide clear direction and sufficient resources to Public Health Units to take an equity approach – which would include necessary accommodations – to vaccine distribution, as well as to ensure effective data collection. » Read the rest
Ford government faces legal challenge over failure to provide vaccine equity
- March 16, 2021
- BakerLaw
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Ford government faces legal challenge over failure to provide vaccine equity
Community advocates warn some members of vulnerable populations will be at greater risk of death from COVID-19 without urgent change of course
Toronto, March 16, 2021 – Concern that Ontarians most at risk of attracting the COVID-19 virus will not receive fair access to the vaccine is prompting a legal challenge to the Doug Ford government. » Read the rest
Human Rights Protections Apply—Even in a Pandemic
- April 13, 2021
- Amanda Dimilta
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In the first merits decision of the Human Rights Tribunal of Ontario (“HRTO”) on the role of human rights during the Covid-19 pandemic, Vice Chair Jennifer Scott minced no words. “Human rights protections do not go away in a pandemic.” JL v. » Read the rest
BC Court Considers the Debilitating Effects of Post-Traumatic Stress Disorder when Awarding Monetary Damages
- April 5, 2021
- Khalid Mahdi
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In the 2020 British Columbia Supreme Court case, Kempton v Struke Estate, 2020 BCSC 2094 (CanLII) (Struke) the trial judge granted the plaintiff $200,000 in pain and suffering damages. An article by Canadian Lawyer Magazine, sheds some light on how courts consider the impact of a plaintiff’s psychiatric injuries in assessing damages. » Read the rest
New Zealand Approves Paid Leave Following Miscarriage or Still Birth
- March 31, 2021
- BakerLaw
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On March 24, 2020, New Zealand’s Parliament passed legislation that gives mothers and their partners the right to paid leave following a miscarriage or still birth. The ‘bereavement allowance’ gives employees three days sick leave in these circumstances, in addition to any existing sick leave entitlements that they have at work. » Read the rest
Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination
- March 30, 2021
- Anoop Kalsi
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Family status discrimination has been a hot issue at the Ontario Human Rights Tribunal, particularly because the test for family status discrimination may not have been as clear as some would hope. Much of the confusion arises as to whether the Federal Court of Appeal decision in Canada (Attorney General) v. » Read the rest
Remote learning for students with disabilities, a welcomed approach to accessible post-secondary education
- March 29, 2021
- Anoop Kalsi
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A recent article by the CBC explored the impact of remote learning on students with disabilities (link). The COVID-19 pandemic forced school boards, colleges, and universities to adapt to and implement remote learning options for all students. Post-secondary students had access to their classes through video platforms and/or pre-recorded lectures. » Read the rest
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
ServiceOntario is Working to improve the Accessible Parking Permit (APP) Program in Ontario
- March 23, 2021
- BakerLaw
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ServiceOntario is working to improve the Accessible Parking Permit (APP) program in Ontario and are conducting research sessions to gather feedback. The sessions will take place from March 29th to April 1st and will be conducted online, using screen-sharing software. » Read the rest
Remembering Justin Clark and his Triumphant Victory for Disability Rights
- March 23, 2021
- BakerLaw
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On February 25, 2021, Justin Clark, passed away in an Ottawa hospital at the age of 58. Justin is remembered for his victory in Clark v Clark (link), an outcome which secured the protection and recognition of the independence of Canadians with disabilities. » Read the rest