P.P. Mercer

The respondent employer and trade union brought preliminary motions arguing that section 10(a) of the Ontario Human Rights Code, 1981 does not impose a duty of reasonable accommodation, relying on the Supreme Court of Canada's decision in Bhinder.

The Board of Inquiry rejected this argument, finding that the wording of section 10(a) requires an exception to be reasonable and bona fide in the circumstances, which imports a duty to accommodate short of undue hardship consistent with the O'Malley decision.

The Board also dismissed the union's motions arguing it could not be joined as a party and that the complaints did not adequately allege a violation.