The applicant, a radiation therapist, took a leave of absence due to breast cancer and subsequent physical and psychological complications.
She alleged that her employer, Hamilton Health Sciences, discriminated against her by denying her health benefits and failing to accommodate her disability by providing alternate work outside of the cancer care environment.
The Human Rights Tribunal of Ontario found that the applicant's conditions constituted a disability under the Code.
However, the Tribunal dismissed the application, concluding that the employer had fulfilled both its procedural and substantive duties to accommodate up to the point of undue hardship by extensively searching for suitable alternate positions over several years, which were ultimately unsuccessful due to the applicant's specific restrictions and lack of transferable skills.