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Case Summary and Analysis

Case 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 More

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

April 11, 2019

A case summary of Leach v Ontario (Community and Social Services), 2019 HRTO 204 Introduction Ontario Works (OW) and Ontario Disability Support Program (ODSP) offer a monthly Guide Dog Benefit for guide dogs and service animals to recipients of OW and ODSP for routine care of the animal. To be eligible for this benefit, the…Read More

Case Summary and Analysis: Simpson v Prananjen Group Ltd. o/a Nimigon Retirement Home

ARCH’s most recent blog post analyzed the unsettled state of the law for the test for family status discrimination. In particular,  the post analyzed the development of the test in different jurisdictions leading up to the recent British Columbia Court of Appeal decision, Envirocon Environmental Services, ULC v Suen, 2019 BCCA 46 (Suen). That case…Read More

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

March 01, 2019

The Prima Facie Test and Discrimination Based on Family Status: A Case Law Review and Analysis of Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46 Background Despite the test for prima facie discrimination being set out clearly in Moore v. British Columbia (Education) (Moore), and reaffirmed in Stewart v Elk Valley Coal Corporation (Stewart…Read More

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

February 01, 2019

Case Summary and Analysis: S.A. v. Metro Vancouver Housing Corporation, 4 SCC 2019 On January 25, 2019, the Supreme Court of Canada (SCC) released its decision in S.A v Metro Vancouver Housing Corporation (“S.A”). The decision was significant for many persons with disabilities who are beneficiaries of a Henson trust but also rely on social assistance programming. The significance of the S.A. decision…Read More

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

October 12, 2018

October 12, 2018 On July 8, 2018, the Ontario Superior Court of Justice released its decision in a motion brought by the Law Society of Ontario (LSO) in an application brought against it by one of its licensees, Ryan Alford. While the motion itself turned on a question of jurisdiction, the substantive issue at the…Read More

July 18, 2019

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