Dennis F. O'Leary

The complainant, a single mother, alleged that the respondents discriminated against her on the basis of family status by refusing to rent her an apartment because she had a nine-year-old daughter.

The Human Rights Tribunal of Ontario found that the respondents' refusal to rent the apartment constituted discrimination under section 2(1) of the Human Rights Code.

The Tribunal also held that asking for the age of prospective co-occupants on a rental application form is prima facie discrimination.

The respondents were ordered to pay $1,230 in special damages and $5,000 in general damages, and to remove the age-related question from their application forms.

The complainant applied to be a fire-fighter and passed the physical tests but was rejected after a medical examination revealed he had asymptomatic lone atrial fibrillation.

The examining general practitioner concluded the condition posed unacceptable risks of hemodynamic failure and stroke, despite a leading cardiologist's opinion that the complainant was fit for the duties and faced minimal risk.

The Board of Inquiry found the respondent discriminated against the complainant based on a perceived handicap, as the medical disqualification was unjustified and ignored expert evidence.

The respondent was ordered to hire the complainant with retroactive seniority, compensate for lost wages, and pay $4,000 in general damages.