Hugh Russell Scher

Hugh Scher is the founder of the law firm Scher Law Professional Corporation where he practices civil litigation with a focus on employment and human rights law as well as disability insurance litigation.

For more than 25 years he has engaged in a broad range of civil litigation matters at all level of court and tribunal including multiple appearances before the Supreme Court of Canada.

He is frequently called upon to advise employers and employees about issues related to the accommodation of people with disabilities in the workplace, return to work plans, complaints of discrimination and harassment, the investigation of harassment complaints and complex dismissal cases.

• Keays v. Honda (SCC) – Supreme Court’s Restatement of factors to be considered in assessment of notice and damages for bad faith in manner of dismissal and record trial award of $500,000 in punitive damages • Brownson v. Honda (SCJ) – A summary judgment motion relative to not for cause termination during the course of a workplace investigation imbued by allegations of bad faith and unfair dealing • Lowe v. Guarantee Insurance (OCA) – Creation of new cause of action against biased medical assessors • Casler v. CNR (FCA) – judicial review of dismissal of human rights complaint and improper investigation • Skinner v. Canadian Elevator Welfare Trust Fund (NSCA) – Human rights challenge to benefit plan exclusion of marijuana • Turnbull v. Famous Players (OHRT) – accommodation of people with disabilities in movie theatres and review of policy excluding people in wheelchairs from access to movie theatres

• Carter v. Canada (Attorney General) (SCC) – Constitutional challenge to Canada’s assisted suicide law • Rasouli v. Sunnybrook Health Sciences Centre (SCC) – Requirement of Consent to withdraw life support services at end of life and implement palliative care • Bentley v. Maplewood Seniors Care Society (BCCA) – Challenge regarding the scope of substitute decision legislation relating to prior wishes of legally incompetent senior. • Ali v. Her Majesty the Queen (on leave to SCC) – Constitutional challenge to income tax deductibility of natural health products • Holland v. Hawrluck (SCJ) – Role of proxy decision-makers in interpretation of prior express wishes in end of life decision-making • McKitty v. Hayani (OCA) – Constitutional challenge regarding legal definition of death • Ouanounou v.