Articles about ‘COVID-19’

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

“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

BakerLaw Statement on Vaccine Equity Court Decision

  • May 5, 2021
  • BakerLaw
  • Comments Off on BakerLaw Statement on Vaccine Equity Court Decision

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

Proof of Disability Required for those Alleging Discrimination Relating to Masking Rules

  • April 27, 2021
  • Khalid Mahdi
  • Comments Off on Proof of Disability Required for those Alleging Discrimination Relating to Masking Rules

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
  • Comments Off on Ford government in court on Friday over vaccine equity legal challenge

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
  • Comments Off on Ford government faces legal challenge over failure to provide vaccine equity

 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

The Ontario Government’s 2021 Triage Policy

  • March 11, 2021
  • Khalid Mahdi
  • Comments Off on The Ontario Government’s 2021 Triage Policy

With the second-wave of the COVID-19 pandemic placing an increased strain on hospitals across Canada, the provincial government earlier this year released a highly controversial triage policy aimed at helping the healthcare system adapt (link). The triage policy works by assessing and placing patients in a colour-coded framework based on their risk of short-term mortality, which is defined as “survival beyond 12 months after the onset of critical illness.” » Read the rest

Keeping Seniors at Home Amid COVID-19

  • March 2, 2021
  • BakerLaw
  • Comments Off on Keeping Seniors at Home Amid COVID-19

CBC News highlights the role of Ontario’s rapidly growing Supports at Home Program (link), which was announced by the Ford government in December 2020. The program allows Seniors with significant needs, who would otherwise be sent to a nursing home, to receive the support that they need at home. » Read the rest

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