The applicant, a survivor of institutional child abuse with a traumatic brain injury and PTSD, applied for admission to the University of Waterloo.
The university rejected his application based on poor grades he had obtained 13 years earlier at another institution, before his disabilities were diagnosed and accommodated.
The Human Rights Tribunal of Ontario dismissed his discrimination complaint, finding the university had fulfilled its duty to accommodate.
On judicial review, the Divisional Court set aside the HRTO's decision, holding that the university discriminated against the applicant by relying on unaccommodated grades and failed to establish that assessing his application without those grades would cause undue hardship.
