Posts Tagged ‘Human rights’

The Responsible Housing Provider ‑‑ Excessive Clutter

March 18th, 2013 by Celia Chandler

This is information only and is not intended to be taken as legal advice. If you have a case of excessive clutter, we urge you to talk to your lawyer and work out a plan that meets your  duties and minimises your liability.

Housing providers often ask: (1) how to clean up an excessively cluttered unit (often this is referred to using the term “hoarding”), and (2) whether they can evict the occupants. These questions raise a number of legal issues.

Human Rights: Excessive clutter can result from mental illness. The Human Rights Code obliges a housing provider to accommodate mental illness to the point of undue hardship. Undue hardship is a very high threshold, assessed on cost (including external funding), health and safety. Where there is a suspected or known mental illness, consult with a lawyer to find a way to satisfy the duty to accommodate. For example, providing the most appropriate help with fumigation preparation, often necessary in cluttered units, helps defend against allegations that you have not met the duty to accommodate.

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AODA year-end report and upcoming standards

December 21st, 2012 by Celia Chandler

As we reported to you earlier in the year, in 2012 many of our clients became subject to requirements under the Accessibility for Ontarians with Disabilities Act (2005). Employers with at least 20 employees are obliged to report on compliance with the Accessibility Standards for Customer Service by December 31, 2012.

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2012 a big year for Competing Human Rights.

December 20th, 2012 by Celia Chandler

2012 has been a big year for the concept of competing human rights.

In May, the Ontario  Human Rights Commission published a long-awaited Policy on Competing Human Rights.    Earlier this fall, the media reported widely the case of the woman who was denied a haircut by a  barber because his religion does not allow him to touch a woman.  And today the Supreme Court of Canada ruled on the complex N.S. case: a case that pitted the right of the key witness in a sexual assault trial – the victim – to wear her religious face covering, against the rights of two accused men – her uncle and cousin – to have fair trials.

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OHRC Offers Free Training on the Policy on Competing Human Rights

October 26th, 2012 by Celia Chandler

In April, the Human Rights Commission released its Policy on Competing Human Rights.  This policy provides importance guidance on what to do when to accommodate the rights of one person leads to a possible breach of the rights of another.   This comes up sometimes for our clients and so we were excited to receive an invitation today to attend a free training session on how to use this policy.  We plan to be there and you may want to too!    

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New Human Rights Legislation in Ontario: Is Your Organization Accessible to Individuals with Disabilities?

January 24th, 2012 by Priya Sarin

Recognizing the barriers that individuals with disabilities face in obtaining access to goods, services, facilities, accommodation, employment and buildings or premises, the Ontario legislature enacted the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).

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