The applicant, who has moderate hearing loss, applied to be a firefighter but failed the hearing test without his hearing aid.
The City of Toronto declined to hire him after an expert audiologist concluded he could not safely perform the duties even with a hearing aid.
The applicant filed a human rights complaint, which the Ontario Human Rights Commission declined to refer to the Tribunal, finding the hearing standard was a bona fide occupational requirement and the applicant had been individually assessed.
The Divisional Court dismissed the applicant's application for judicial review, holding that the Commission's decision was not patently unreasonable.
