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Case Summary and Analysis

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

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

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

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

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

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

May 26, 2022