ARCH Blog
The ARCH Blog explores topics on disability law, the legal profession, and matters that may fall in between.
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Case Summary and Analysis: J.F.R v. K.L.L, 2024 ONCA 520
Case Summary and Analysis: J.F.R v. K.L.L, 2024 ONCA 520…
Read MoreCase Summary and Analysis: Hejka v. The Regional Municipality of Durham, 2022 ONSC 2233
On April 12, 2022, the Divisional Court of Ontario released a seminal decision regarding the rights of persons with disabilities in accessing paratransit services. This decision is significant because it is a rare judicial pronouncement on how accessibility legislation must be interpreted and applied. The Divisional Court decision made several important findings. First, it affirmed…
Read MoreCase Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 – First decision about human rights during the COVID-19 pandemic
Case Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 - First decision about human rights during the COVID-19 pandemic…
Read MoreFocus: Emergency Measures for Administrative Tribunals – Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020
Ontario puts in place emergency measures for administrative tribunals in response to COVID-19, including enacting Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, and suspending limitation and other procedural time periods.…
Read MoreCase Summary and Analysis: Human Rights Tribunal of Ontario contemplates Toronto Star and Tribunals Adjudicative Records Act in Grange v Toronto (City)
Human Rights Tribunal of Ontario releases decision about public disclosure of adjudicative records and confidentiality orders…
Read MoreFocus: Canadian Human Rights Commission Releases Complaint Rules
Canadian Human Rights Commission Releases Rules for its Process…
Read MoreCase Summary and Analysis: Canada (Canadian Human Rights Commission) v. Canada (Attorney General) – over one year later
This post sets out the background of Matson and Andrews, and some of the concerns raised by persons with disabilities and other equity-seeking groups with respect to access to justice. It then highlights one case, Reed v Province of Nova Scotia (Department of Environment) (Reed), which applies Matson and Andrews in a way that does not operate as a complete bar to human rights challenges to the wording of a statute.…
Read MoreCase Summary and Analysis: Supreme Court denies leave in family status discrimination case: what this means for the legal test for discrimination
An analysis of the consequences of differing tests for family status discrimination amongst Canadian jurisdictions, and discussion of the troubling re-introduction of the distinction between direct and indirect discrimination.…
Read MoreCase Summary and analysis: Recent Divisional Court case in Ontario affirms the contextual approach in Ontario for accommodating addictions disabilities in the workplace
Divisional Court confirms that a contextual, human rights analysis is required where a person with an addictions disability is terminated.…
Read MoreAccessible Practice: Meaningfully Accessing Administrative Boards and Tribunals
Practice tips to secure accommodations clients need and ensure that they can participate in the administrative process in a meaningful way. …
Read MoreCase Summary and Analysis: Provincial Government Introduces Legislation about Access to Records at Administrative Boards and Tribunals
A Summary and Analysis of Tribunal Adjudicative Records Act, 2019, in light of the Toronto Star v AG case and the Charter challenge targeting the application of the Freedom of Information and Protection of Privacy Act to align administrative tribunals more closely with the open-court principle.…
Read MoreCase Summary and Analysis: Denial of Service Animal Benefit for self-trained service animal is not discriminatory
An analysis of the denial of OW and ODSP monthly Guide Dog Benefit to persons whose dog does not meet the specified training criteria, under a human rights perspective.…
Read MoreCase Summary and Analysis: Accommodating Addictions Disabilities in the Workplace
An analysis of how fundamental principles of discrimination law apply in cases where employees with disabilities are terminated for misconduct.…
Read MoreCase Summary and Analysis: Simpson v Prananjen Group Ltd. o/a Nimigon Retirement Home
A further analysis of the development of the test for family status discrimination in different jurisdictions, considering a recent decision from the Human Rights Tribunal of Ontario.…
Read MoreCase Summary and Analysis: Suen v. Envirocon Environmental Services, ULC
The test for prima facie discrimination on the protected ground of family status - an overview of the current legal framework and a brief analysis of a recent BCCA decision.…
Read MoreFocus: The Availability of Charter Remedies at the Human Rights Tribunal of Ontario
About the jurisdiction to decide questions of law related to the decisions within HRTO's mandate and to grant Charter remedies in relation to issues arising in the course of their decisions.…
Read MoreCase Summary and Analysis: S.A. v. Metro Vancouver Housing Corporation
A decision of significance to persons with disabilities: about the nature of Henson trusts and its relationship with social assistance programming.…
Read MoreAccessible Practice: Practice tips for maintaining privilege and confidentiality for a client accompanied by a support person
Practice tips for maintaining privilege and confidentiality for a client accompanied by a support person…
Read MoreFocus: Human Rights Tribunal of Ontario Releases Practice Direction on New Case Processing System
About HRTO's new case processing system, in response to its caseload increase and administrative backlog.…
Read MoreCase Summary and Analysis: Alford v. The Law Society of Upper Canada, 2018 ONSC 4269
A question of jurisdiction for challenging the authority of the LSO to require that all licensees create and abide by a Statement of Principles that acknowledges their obligation to promote equality, diversity, and inclusion.…
Read MoreFocus: Bona Fide Academic Requirements in the New OHRC Policy
Ontario Human Rights Commission released a new Policy on Accessible Education for Students with Disabilities…
Read MoreFocus: Naming the Right Respondent at the HRTO
What to consider when deciding who to name as respondents and the legal test for adding respondents later in Human Rights Tribunal proceedings.…
Read MoreFocus: The Law of Service Animals in Ontario
About the legislation in Ontario that specifically addresses rights and restrictions for persons who use service animals.…
Read MoreNational Access Awaress Week 2018
ARCH co-hosted its annual Access Awareness event with the Law Society of Ontario on June 5, 2018. The theme of this year’s event was privacy as it relates to persons with disabilities. The panel consisted of: Sunil Gurmukh from the Ontario Human Rights Commission, Mariam Shanouda, Staff Lawyer at ARCH, Maureen Haan, President & CEO…
Read MoreFocus: A More Contextual Approach to the Human Rights Tribunal of Ontario’s One-Year Limitation Period
An analysis of a recent decision that allows for more applications to be heard provided their filing delay has a reasonable explanation. …
Read MoreFocus: ARCH Celebrates National Indigenous Peoples Day – Highlights Work of BCANDS
An interview with Neil Belanger, Executive Director of British Columbia Aboriginal Network on Disability Society (BCANDS)…
Read MoreAccessible Practice: The Importance of Privacy for Clients with Disabilities
About privacy concerns that are specific to clients with disabilities and what you can do in your legal practice to proactively address these issues.…
Read MoreFocus: New Federal Accessibility Legislation on the Horizon
About a new legislation intended to increase accessibility and remove barriers that prevent persons with disabilities from participating in society.…
Read MoreAccessible Practice: When Your Client Cannot Sign Documents
Alternatives for clients who have legal capacity, but who, because of a physical or sensory disability, cannot sign documents.…
Read MoreLetter from the Executive Director: National AccessAbility Week
As we celebrate National AccessAbility Week 2018, ARCH Executive Director invites you to join us in this week’s events and in promoting an inclusive society that is accessible to all and which promotes the full participation of all persons. …
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