Elad Gafni

The applicant, an international medical graduate, alleged systemic discrimination by the College of Physicians and Surgeons of Ontario, several universities, and the Medical Council of Canada regarding the requirements to practice medicine in Ontario.

He claimed the standardized clinical exam (NAC-OSCE) was culturally biased and that the requirement for Canadian clinical experience was discriminatory.

The Tribunal dismissed the application following a summary hearing, finding no reasonable prospect of success.

The allegations against the Medical Council were out of time, the applicant provided no evidence of cultural bias in the exam scoring, and the challenge to the College's experience requirement was premature as he had not yet applied for registration.

The applicant filed a human rights application alleging discrimination in employment on the basis of ancestry, place of origin, ethnic origin, disability, creed, association, and reprisal against his employer, union, independent medical examiners, and others.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that the allegations of collusion and discrimination by the medical examiners lacked any factual foundation.

The allegations against the employer and union regarding events prior to a June 2011 settlement were dismissed under section 45.1 of the Code as having been dealt with in another proceeding.

The remaining allegations were dismissed for having no reasonable prospect of success.