COVID-19 Temporary Layoffs Can Be Constructive Dismissal
- May 20, 2021
- BakerLaw
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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
Ableism in the Medical Profession
- May 10, 2021
- BakerLaw
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In a recent article, BBC News has reported on the discriminatory treatment experienced by disabled medical students in the pursuit of accommodations for their disability-related needs. Referred to as “ableism,” perceptions within professional circles of medical students and professionals with disabilities as inferior and less competent has resulted in many not getting the accommodations that they need. » Read the rest
2021Federal Budget Expands Benefits for Canadians with Disabilities
- May 7, 2021
- BakerLaw
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On April 19, 2021, the Trudeau government released its 2021 budget. The budget offers a number of benefits and expansions to existing programs to help Canadians during these difficult times. Maclean’s magazine has provided a detailed summary of the budget, which you can access here (link). » Read the rest
BakerLaw Statement on Vaccine Equity Court Decision
- May 5, 2021
- BakerLaw
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On behalf of our client, David Daneshvar, Bakerlaw is demanding the Doug Ford government immediately institute a vaccine equity strategy following today’s Ontario Divisional Court ruling. While today’s Court ruling stopped short of finding the government was infringing on its Charter obligations due to concerns about jurisdiction, it notes the case is being dismissed “not because the underlying issues are without any merit.” » Read the rest
Equity issues in the Canada Research Chairs Program Resolved by Settlement
- April 29, 2021
- BakerLaw
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Around March 31, 2021, the Government of Canada settled a complaint filed by a University of Ottawa law professor, Amir Attaran, regarding equity issues within the Canada Research Chairs (CRC) Program. The CRC program awards grants to Canada’s top researchers. This marks one of two settlements concerning equity within the program. » Read the rest
New Online Complaint System seeks to Hold Canadian Businesses Accountable for Human Rights Abuses
- April 28, 2021
- Khalid Mahdi
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In March 2021, the Canadian Ombudsperson for Responsible Enterprise (CORE) launched an online form (link) that would allow foreign individuals, organizations and communities to file complaints of possible human rights violations arising from the operations of Canadian companies operating abroad. » Read the rest
Proof of Disability Required for those Alleging Discrimination Relating to Masking Rules
- April 27, 2021
- Khalid Mahdi
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A recent screening decision by the British Columbia Human Rights Tribunal (“BCHRT”) held that any complaints of disability discrimination arising from a requirement to wear a mask must be substantiated by evidence of the existence of a disability. This decision sheds light on the response to B.C.’s » Read the rest
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