Osgoode Hall Review of Law and Policy (OHRLP)

This comment focuses on the Supreme Court of Canada decision in Council of Canadians with Disabilities v. VIA Rail Canada Inc. (2007) and attempts to explore the Court’s reasoning in the decision and the subsequent effects that may flow from it. This comment also touches briefly on the recent case of New Brunswick (Board of Management) v. Dunsmuir and the complications stemming from it. The comment concludes that it remains uncertain how these newly developed dynamics from VIA Rail and Dunsmuir will interact with the broader legal and policy forces shaping the duty to accommodate.

Christopher Pigott et al., “In the Wake of VIA Rail: Implications and Future Considerations” (2008) 1 Osgoode Hall Rev.L.Pol’y. 88.