The appellant, an international student eligible for a Post-Graduate Work Permit (PGWP), was offered an entry-level engineering position by the respondent employer.
The offer was conditional on proof of permanent eligibility to work in Canada (Canadian citizenship or permanent residency).
When the appellant disclosed he would be working on a PGWP, the employer withdrew the offer.
The Human Rights Tribunal of Ontario found the employer discriminated against the appellant on the basis of citizenship.
The Divisional Court set aside the tribunal's decision.
The Court of Appeal allowed the appeal and restored the tribunal's decision, holding that it was reasonable for the tribunal to find that a policy excluding PGWP-holders—who are legally entitled to work full-time in Canada—constitutes discrimination on the basis of citizenship, even if the policy excepts permanent residents.
