Disability

. Leroux v. Ontario

In Leroux v. Ontario (Div Ct, 2021) the Divisional Court dismissed class action certification motions based on Crown negligence in the administration of the Services and Supports to Promote the Social Inclusion of Persons with the Developmental Disabilities Act, and the Ministry of Community and Social Services Act. All of the case, which consists of an initial 118 paragraph dissent and a brief majority ruling, is useful for disability rights and crown tort liability.. R v Bulic

In R v Bulic (Ont CA, 2020) the Court of Appeal cited law that disability does not normally factor in to reduce criminal sentencing:

[13] The trial judge did address the appellant’s mental health issues. He concluded that the issues appeared to be a result of his criminal conduct and not a result of a pre-existing condition. Further, “medical conditions cannot generally be used to avoid what is otherwise a fit and proper sentence”: R v. Heron, 2017 ONCA 441, at para. 25.