Available with SSRN
"The Disability Accommodation Gap in Canadian Workplaces: What Does It Mean for Law, Policy, and an Aging Population?" 17 Canadian Labour & Employment Law Journal 295
"Refining the Test for Discrimination in the Context of Special Education: Moore v British Columbia", 10 J L & Equality 71
"From Equal Access to Individual Exit: The Invisibility of Systemic Discrimination in Moore", 10 J L & Equal 93
"Everybody's Business: Human Rights Enforcement and the Union's Duty to Accommodate", 18 Canadian Lab & Emp L J 209
Author discusses Central Okanagan School District v Renaud (1992) and encouraged cooperation between unions and employers to accommodate employee disabilities; however, subsequent tribunals have interpreted this as holding unions co-liable; author calls on SCC to clarify Renaud.
"Wrongful Termination Claims in the Supreme Court of Canada: Coming Up Short" 34:1 Dalhousie Law J
The author criticises the SCC finding that the manner the employee was terminated, in which the employer chose to stop accommodating the employee’s disability, did not constitute discrimination, despite the lower courts finding of bad faith. The SCC affirms that a breach of the human rights code can not constitute an independent actionable cause of action. The Court restricts the use of bad faith damages in a wrongful dismissal cases.
"Tackling Disability Discrimination at Work: Towards a Systemic Approach", 4:1 McGill JL & Health 17
Advocates for a systemic approach to anti-discrimination law and reviews the factors considered when anticipating the need for individualized accommodation; reiterates that prima facie case of discrimination should be distinct from assessments of a bona fide occupational requirement.
"Human Rights Disclosure Litigation: Uncovering Invisible Medical Records", 28:1 Windsor Yearbook of Access to Justice 153
Article filters through human rights disclosure rulings in Canada; concern with levels of confidentiality awarded to persons with disabilities when providing disclosure of medical information.