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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: 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 More

Case Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 – First decision about human rights during the COVID-19 pandemic

April 12, 2021

Case Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 - First decision about human rights during the COVID-19 pandemic…Read More

Focus: 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 More

Case Summary and Analysis: Human Rights Tribunal of Ontario contemplates Toronto Star and Tribunals Adjudicative Records Act in Grange v Toronto (City)

February 27, 2020

Human Rights Tribunal of Ontario releases decision about public disclosure of adjudicative records and confidentiality orders…Read More

Focus: Canadian Human Rights Commission Releases Complaint Rules

Canadian Human Rights Commission Releases Rules for its Process…Read More

Case Summary and Analysis: Canada (Canadian Human Rights Commission) v. Canada (Attorney General) – over one year later

October 24, 2019

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 More

Case Summary and Analysis: Supreme Court denies leave in family status discrimination case: what this means for the legal test for discrimination

August 29, 2019

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 More

Case Summary and analysis: Recent Divisional Court case in Ontario affirms the contextual approach in Ontario for accommodating addictions disabilities in the workplace

July 18, 2019

Divisional Court confirms that a contextual, human rights analysis is required where a person with an addictions disability is terminated.…Read More

Accessible 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 More

Case Summary and Analysis: Provincial Government Introduces Legislation about Access to Records at Administrative Boards and Tribunals

June 06, 2019

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 More

Case Summary and Analysis: Denial of Service Animal Benefit for self-trained service animal is not discriminatory

April 11, 2019

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 More

Case 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 More

Case 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 More

Case Summary and Analysis: Suen v. Envirocon Environmental Services, ULC

March 01, 2019

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 More

Focus: The Availability of Charter Remedies at the Human Rights Tribunal of Ontario

February 15, 2019

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 More

Case Summary and Analysis: S.A. v. Metro Vancouver Housing Corporation

February 01, 2019

A decision of significance to persons with disabilities: about the nature of Henson trusts and its relationship with social assistance programming.…Read More

Accessible Practice: Practice tips for maintaining privilege and confidentiality for a client accompanied by a support person

November 09, 2018

Practice tips for maintaining privilege and confidentiality for a client accompanied by a support person…Read More

Focus: Human Rights Tribunal of Ontario Releases Practice Direction on New Case Processing System

October 26, 2018

About HRTO's new case processing system, in response to its caseload increase and administrative backlog.…Read More

Case Summary and Analysis: Alford v. The Law Society of Upper Canada, 2018 ONSC 4269

October 12, 2018

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 More

Focus: Bona Fide Academic Requirements in the New OHRC Policy

September 28, 2018

Ontario Human Rights Commission released a new Policy on Accessible Education for Students with Disabilities…Read More

Focus: Naming the Right Respondent at the HRTO

September 14, 2018

What to consider when deciding who to name as respondents and the legal test for adding respondents later in Human Rights Tribunal proceedings.…Read More

Focus: The Law of Service Animals in Ontario

July 13, 2018

About the legislation in Ontario that specifically addresses rights and restrictions for persons who use service animals.…Read More

National Access Awaress Week 2018

July 09, 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 More

Focus: A More Contextual Approach to the Human Rights Tribunal of Ontario’s One-Year Limitation Period

June 29, 2018

An analysis of a recent decision that allows for more applications to be heard provided their filing delay has a reasonable explanation. …Read More

Focus: ARCH Celebrates National Indigenous Peoples Day – Highlights Work of BCANDS

June 21, 2018

An interview with Neil Belanger, Executive Director of British Columbia Aboriginal Network on Disability Society (BCANDS)…Read More

Accessible Practice: The Importance of Privacy for Clients with Disabilities

June 15, 2018

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 More

Focus: 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 More

Accessible 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 More

Letter from the Executive Director: National AccessAbility Week

May 28, 2018

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. …Read More

May 26, 2022