Canadian Work Disability Accommodation Law Resources
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| Author | Year | Title + Citation | Format | Literature: Source Type | Main Category | Sub-category | Other Relevant Tags | Notes on How to Access | Open Access | Code / ISBN / Call # | Short Description |
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2019
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"The Relationship Between Long-Term Disability Benefits and The Duty to Accommodate: The Plaintiff’s Perspective" BakerLaw |
Yes
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The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith). |
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2008
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"All Aboard!: The Supreme Court of Canada Confirms that Canadians with Disabilities Have Substantive Equality Rights", 71 Sask L R 39 |
No
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Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15. |
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2016
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"Reasonable Accommodation As Equal Opportunity in Canadian Employment Law. Reasonable Accommodation in the Modern Workplace Potential and Limits of the Integrative Logics of Labour Law ". 93 Bulletin of Comparative Labour Relations 47. |
Yes
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A reflection of what Canadian legal institutions still need to work on when providing guidance on what employers need to do to establish equal opportunities; anti-discrimination law as it stands are primarly reactive and thus not uniform in providing appropriate accommodations in the Canadian workforce. |
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2012
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"An Examination of the Duty to Accommodate in the Canadian Human Rights Context" Background Paper on behalf of the Parliamentary Information and Research Service (Library of Parliament, Canada) |
Yes
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Background paper for the Parliamentary Information and Research Service, Legal and Legislative Affairs Division - discusses the duty to accommodate (legslative framework, judicial interpretations) as well as grounds of discrimination (disability, religion, gender or sex, family status). |
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2016
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"Studwick v Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520" CanLII Connects |
Yes
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Article briefly describes the facts in a seminal case on harassment and poisoned work environment. Discusses vicarious liability of the company for a manager's harassment of a deaf employee, compounded by the fact that the manager was the guiding mind of the corporation. Article notes that this is the first known civil case to apply Human Rights Code damages in addition to civil damages. The article discusses the assessment of damages for employer bad behavior: Wrongful dismissal damages in lieu of notice, Damages for breach of the Ontario Human Rights Code, Aggravated damages, Wallace damages, damages for intentional infliction of mental distress. |
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2018
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"Receipt of LTD Evidence of Frustration; Roshaft v Rona Inc., 2018 ONC 2934" CanLII Connects |
Yes
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The court held the employer could conclude there was no reasonable likelihood of the employee returning to work within a reasonable period of time, based on the extension of Long Term Disability Benefits. Being on Long Term Disability Benefits does not preclude an employee from being terminated for being absent. |
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2018
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"Stewart v Elk Valley: The Case of the Cocaine-Using Coal Miner", All Papers - Osgoode Digital Commons 323 |
Yes
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Discussion prepared for the Ontario Bar Association Institue 2018, Exploring the Evolving Definition of Disability and Evidence to Support It. Reviews decision of Stewart v Elk Valley; addiction (including both substance use and behavioural matters) is accepted as mental illness. |
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2015
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"The Duty to Accommodate: When is the Point of Undue Hardship Reached?" First Reference Talks |
Yes
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The Board of Inquiry held that on-call weekend and overnight work was a bona fide occupational requirement and undue hardship is met, where the employer has made a good faith effort to accommodate the employee. The employee's proposed accommodation to his work schedule was found to be too great a burden on other teammates and the employers need to manage the workforce. |
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2013
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"Ontario Court Awards Damages under Human Rights Code" Case in Point - Hicks Morely |
Yes
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Court awarded damages for breach of human rights in addition to damages for failure to provide reasonable notice. Held that the employees injury was at least part of the reason for termination and therefore the employee had been discriminated against as well the employer was disingenuous at times failing in its duty to act fairly in dismissing an employee. |
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2017
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"The Authority of Human Rights Tribunals to Grant Systemic Remedies" 6:1 Can J Hum Rts 1 |
Yes
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Argues that tribunals should use the principle of effective remedies when exercising their authority to grant systemic remedies. This should especially be the case when government respondents argue for remedies following the nature of corrective justice. |