Case Summary and Analysis
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 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 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 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 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 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.…
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