May 26, 2022 —
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 […]
Case Summary and Analysis
April 12, 2021 —
Case Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 - First decision about human rights during the COVID-19 pandemic
February 27, 2020 —
Human Rights Tribunal of Ontario releases decision about public disclosure of adjudicative records and confidentiality orders
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.
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.
July 18, 2019 —
Divisional Court confirms that a contextual, human rights analysis is required where a person with an addictions disability is terminated.
June 6, 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.
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.
March 29, 2019 —
An analysis of how fundamental principles of discrimination law apply in cases where employees with disabilities are terminated for misconduct.
March 15, 2019 —
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.