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…Read More

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

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

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

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

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

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

An analysis of how fundamental principles of discrimination law apply in cases where employees with disabilities are terminated for misconduct.…Read More

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

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

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

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