LIVE WEBCAST
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Program Details
Date: Friday, June 8, 2012
Time: 9:00 am to 4:00 pm
This year's program will provide a practical update on both substantive and procedural issues relating to human rights claims. The presenters will share topical information relevant to practitioners with varying levels of experience with human rights legislation, and share insight based upon case law and experience relating to both the provincial and federal regimes. The program is intended to promote discussion of practice issues that those of us who advise clients regarding human rights issues may have to address.
| Program Chairs: |
Geri Sanson, SANSON LAW OFFICE Professional Corporation
Mark Geiger, Blaney McMurtry LLP
Trevor Guy, Heenan Blaikie LLP
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Keeping on Top of Key Developments - Part I
Time: 9:00 am to 12:00 pm
- An update from the Associate Chair of the Tribunal on key decisions
- Establishing a prima facie case of discrimination - recent decisions which will assist in preparing your client's case
- What's the appropriate forum for complex legal disputes involving human rights - how do you advise your clients?
- Barriers to claims of systemic discrimination brought by people with disabilities
- Duty to accommodate: balancing an employee's right to privacy v. an employer's right to medical information
- The substantive and procedural duty to accommodate: separate obligations or two sides of the same coin?
- An end in sight - utilizing the HRTO's procedures to bring applications to an early end
- Recent developments on preliminary objections including the tribunal's discretion to dismiss an application under s.45.1: Figliola and Trozzi
Lunch Break
Please note that lunch is not included in this program.
Keeping on Top of Key Developments - Part II
Time: 1:00 pm to 4:00 pm
Keeping on Top of Key Developments - Part I
| 9:00 am |
Introductory Remarks
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9:10 am
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What’s New at the Ontario Human Rights Tribunal – Key Decisions
David A. Wright, Associate Chair, Human Rights Tribunal of Ontario - Social Justice Tribunals Ontario
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9:35 am
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Getting Started – Application Considerations
Establishing a prima facie case
• What forum best serves your client’s human rights claim?
• Barriers to claims of systemic discrimination by persons with disabilities
• Balancing privacy v. right to medical information in the duty to accommodate
Farah Malik, WeirFoulds LLP
Amer Mushtaq, Mushtaq Law
Lauri A. Reesor, Hicks Morley Hamilton Stewart Storie LLP
Karen R. Spector, ARCH Disability Law Centre
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10:40 am
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Break
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10:55 am
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Getting Starting – Response Considerations
• Substantive and procedural duty to accommodate, separate obligations or two sides of the same coin?
• Bringing applications to an early end utilizing the HRTO’s procedures
• Recent developments in preliminary issues including adding/removing a party, vexatious litigant and deferral of applications
• The impact of Trozzi and Figliola on human rights proceedings
Katherine Ford, Sherrard Kuzz LLP
James Fu, Borden Ladner Gervais LLP
Inna Koldorf, Crawford Chondon & Partners LLP
Marni Tolensky, Toronto Transit Commission Legal Department
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11:55 pm
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Question Period
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12:00 pm
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Lunch
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Keeping on Top of Key Developments - Part II
| 1:00 pm |
Introductory Remarks
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1:10 pm
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How the Courts Are Interpreting Human Rights Legislation
• Defending the autonomy of human rights tribunal jurisprudence
• Judicial review and appeals of human rights decisions
• Appellate review of substantive and procedural issues
• Judicial review of preliminary decisions: the SCC decision in Halifax v. Nova Scotia Human Rights Commission
Ranjan Agarwal, Bennett Jones LLP
Samar Musallam, Canadian Human Rights Commission, Legal Counsel - Ottawa
Bruce Ryder, Osgoode Hall Law School, Associate Professor and Assistant Dean First Year, Academic Director, Anti-Discrimination Intensive Program
Niiti Simmonds, Pinto Wray James LLP
Paper Submissions from
Chris Robertson, Osgoode Hall, JD Candidate
Kendall Yamagishi, Osgoode Hall, JD Candidate
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2:20 pm
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Break
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2:35 pm
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Pushing the Envelope
• Substantive update on remedies
• Interpreting competing rights
• Substantive developments in the interpretation of creed
• Update from the Human Rights Legal Support Centre
Suzanne Chiodo, Federal Court of Canada, Clerk
Reema Khawja, Ontario Human Rights Commission, Counsel
Cherolyn Knapp, Nelson, Watson LLP
Katherine Laird, Human Rights Legal Support Centre, Executive Director
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3:45 pm
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Question Period
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4:00 pm
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Program Concludes
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