Introducing Michael Hackl, our new litigation team lead

March 11th, 2016 by Iler Campbell

We’re very pleased to welcome Michael Hackl to Iler Campbell. He comes to us with 20 years of experience as a commercial litigator. It’s been a pleasure getting to know him; we trust it will be for those who get the chance to work with him too. You can read his bio here.

Ontario Human Rights Tribunal awards $30,000 in compensation to several housing co‑op members

March 10th, 2016 by Shelina Ali

The Ontario Human Rights Tribunal released an 87 page decision last week awarding the ten applicants, all members of a Scarborough housing co‑operative, $30,000 in compensation. The applicants each brought applications against the housing co‑operative and its board of directors for failing to address harassing conduct towards the applicants by another member of the housing co‑operative. While the board members and co‑operative did not engage in the harassment, the Tribunal found that it was still liable for failing to address the conduct.

We are still awaiting the release of the decision, and will write more about the Tribunal’s findings once it’s available. News coverage of the decision can be found here.

Outgrowing the government: Medical cannabis access in Canada in light of the Allard decision

March 3rd, 2016 by Lauren Blumas

This article was first published on rabble.ca. It is co-written by Jenna Valleriani.

Each week, new retail storefronts are opening in the city of Toronto. But these aren’t your average retailers.

Medical cannabis dispensaries, storefronts which dispense cannabis on-site to those with medical conditions, have historically operated on the margins of the law, providing access to patients since a time in Canada when there was no legal means of doing so.

But this is not the slow uptake of a grassroots movement by the mainstream. What cities like Vancouver, Victoria and Toronto are experiencing can accurately be described as a dispensary boom — neon lights and all. What is going on? Why now? And are they legal?

Continue reading “Outgrowing the government: Medical cannabis access in Canada in light of the Allard decision”

Carter & Assisted Suicide: Where We Stand One Year Later

March 2nd, 2016 by Safia Lakhani

This article was first published on the Ontario Bar Association’s website. It is an update to an earlier article which was first published on Rabble.ca.

February 6, 2016 marked one year since the Supreme Court released its ruling in Carter v. Canada, 2015 SCC 5. That decision struck down the constitutionality of Sections 14 and 241(b) of the Criminal Code, which prohibit assisted suicide, on the basis that they infringed on the individual’s right to life, liberty and security, and the right to equal protection under the law, in a manner that could not be justified under Section 1 of the Charter of Rights and Freedoms. Carter was a departure from the Court’s earlier ruling in Rodriguez, in which the provisions prohibiting assisted suicide were found to violate the individuals’ right to life, liberty and security, but in a manner that was justified under Section 1 of the Charter.

Continue reading “Carter & Assisted Suicide: Where We Stand One Year Later”

Service animals for mental health: An emerging issue in disability law

January 28th, 2016 by Katie Douglas

What to do with Peaches? In 2014, a woman moved in with her common‑law partner in Barrie, Ontario and, while aware that the condominium’s bylaws restricted owners from having dogs over 25 pounds, proceeded to move in with her 40‑pound retriever cross, Peaches. The property manager demanded that she remove the dog and the owner responded with a request for accommodation under the Ontario Human Rights Code, claiming that Peaches was a service dog who supported her with “stress and past abuse issues.” Ultimately, the court evicted Peaches, ruling that the owner had not provided sufficient information about her disability to establish that Peaches was a necessary accommodation.

This case highlights an emerging issue in disability law. Continue reading “Service animals for mental health: An emerging issue in disability law”