Your time has come,
Dear Fax Machine,
Though your reign lasted long.

We were first introduced,
In That Me Decade,
Singing your shrilling song.

It took a plague,
For learned counsel,
To break their solemn vow.

No longer can we wait,
To gain word from work,
We need it, here and now.

Though you believe your brother,
To be the cause,
Of your final demise.

Reality is that technology,
Has found better ways,
Much to all our surprise.

Thy Impaired kin,
May seem to be,
A poor heir to your legacy,

A band that is broad . . . [more]

By Daniel Standing LL.B., Editor, First Reference Inc.

In a recent decision under the British Columbia, under the Workers Compensation Act, an investigations legal officer dismissed a worker’s prohibited action complaint. The worker decided not to report to work as a bartender out of concern of contracting COVID-19. The case, reported here, examines the sufficiency of evidence required to prove a prima facie complaint. In dismissing the case, the WorkSafeBC officer clarifies the employee’s duty to be physically present at the workplace while his or her claim of unsafe working conditions is dealt with under the established procedure. . . . [more]

In my November 3rd Slaw post on the Supreme Court of Canada’s decision in Fraser, I considered the division on the Court relating to the interpretation of section 15(1) of the Canadian Charter of Rights and Freedoms. The majority decision, written by Abella J., emphasized a broad interpretation, stressing the significance of adverse effects discrimination and the goal of substantive equality. In their dissent, Brown and Rowe JJ. applied a narrower interpretation, as did Côté J. in her separate dissent. Now we have Ontario (Attorney General) v. G, which not only reminds us of the cleft in . . . [more]

Over 500,000 individuals and their qualifying family members received the Ontario Disability Support Program (ODSP), prior to the pandemic. Our social supports system will be even more important in the economic recovery following the pandemic.

ODSP is a last resort income support paid to individuals who are disabled, as defined in s. 4(1) the of the Ontario Disability Support Program Act, 1997,

(a) the person has a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more;

(b) the direct and cumulative effect of the impairment on the person’s ability to attend

Following the Court’s decisions in Pointes/Platnick, anti-SLAPP motions continue to be brought in defamation actions. These decisions will continue to build and refine test created by the Court, and how it can be applied.

One particular aspect is determining what exactly is in the public interest for the purpose of s. 137.1(4)(b), which is the main focus of analysis after the Court’s decision. A recent Ontario Court of Appeal decision in Sokoloff v. Tru-Path Occupational Therapy Services Ltd. helps expound on this issue.

The action emerged from a dispute between a well-known lawyer in Toronto, and a the President . . . [more]

In April 2018, Minassian drove a van into a crowd of people, killing 10 people. His trial is now happening in Ontario by videoconference. The defence is arguing that he is not criminally responsible on account of his autism spectrum disorder. They are arguing that he did not understand what he was doing was wrong. Expert psychiatrists have been retained to provide opinions on both sides.

Each person with Autism spectrum disorder is unique. To learn more about the characteristics, see here.

Autism Canada released a statement denouncing the defence. “There is no psychosis in ASD and no tendency . . . [more]

To the uninitiated, it looks a bit like urban camping. Take a closer look though, and you’ll see their entire life belongings, and evidence that these camps are not recreational, but a matter of survival.

What we’re referring to of course are the numerous tent encampments that have proliferated across Canada during the pandemic. Other alternatives often resorted to in those without permanent housing, including couch surfing, staying with friends or family members temporarily, and even shelters and respite centres, may not be appropriate in the circumstances, including providing inadequate distancing from others.

These encampments give rise to a . . . [more]

Damages before the Human Rights Tribunal have historically been modest, especially when compared to similar cases before the Superior Court of Justice.

The system was transformed considerably in 2006 after Bill 107, Human Rights Code Amendment Act, which allowed the Tribunal to award higher damages starting in 2008, by removing the $10,000 limit on compensatory awards for mental anguish. Under the current provisions in s. 45.2 of the Code, the Tribunal may make any order to compensate the applicant for loss arising out of the infringement, which includes compensation for injury to dignity, feelings and self-respect.

Despite these . . . [more]

The Supreme Court of Canada’s decision in Fraser v. Canada (Attorney General), 2020 SCC 28 provides a sweeping overview of the law of adverse effect discrimination. This decision specifically targets the alleged discriminatory effect of the RCMP’s policy not to allow those who temporarily reduce their working hours under a job-sharing agreement to “buy back” these periods of reduced working hours for the purposes of their pension. In contrast, those who experienced gaps in their record of service by reason of suspension or spending time on unpaid leave did have the opportunity to buy back pensionable service time. After . . . [more]

The Supreme Court of Canada’s recent decision in Fraser v. Canada (Attorney General) (“Fraser”) illustrates the fissures on the Court in the judges’ approaches to equality undersection 15(1) of the Canadian Charter of Rights and Freedoms. Although there are also other factors explaining the differences in the majority and dissenting opinions, here I discuss three that are somewhat distinct from the facts of the case: the nature of “equality” under section 15(1); the interrelationship between the law and the social and economic context; and the role of the courts. . . . [more]

With so much closed, and so little social interaction during the pandemic, there’s not many options for Canadians, as we head into the winter. It’s inevitable that many will find themselves in malls.

A recent revelation that a Canadian real estate company secretly embedded cameras in 12 different malls has some concerned about the lack of meaningful consent. Cameras themselves are pretty benign, for security purposes alone. What made it worse was that images were used with facial recognition technology to identify unique facial features and analyze them, creating biometric data.

Although provincial and federal privacy commissioners express concerns, they . . . [more]

Even before the pandemic, commercial landlords and tenants had their disputes.

The Ontario Court of Appeal recently dismissed an appeal in Old Navy (Canada) Inc. v. The Eglinton Town Centre Inc., thereby affirming the Superior Court decision that denied declaratory relief to the commercial tenant, and a refund of rent they claimed they overpaid.

The case centred around the interpretation of the lease. The tenant, who is a major international commercial retailer, and a subsidiary of the largest specialty retailer in the U.S., claimed the lease was straightforward and unambiguous. Justice Quigley disagreed, and held that a co-tenancy provision . . . [more]