City discriminated by rejecting firefighter applicant based on perceived handicap of asymptomatic atrial fibrillation.
The complainant applied to be a fire-fighter and passed the physical tests but was rejected after a medical examination revealed he had asymptomatic lone atrial fibrillation.
The examining general practitioner concluded the condition posed unacceptable risks of hemodynamic failure and stroke, despite a leading cardiologist's opinion that the complainant was fit for the duties and faced minimal risk.
The Board of Inquiry found the respondent discriminated against the complainant based on a perceived handicap, as the medical disqualification was unjustified and ignored expert evidence.
The respondent was ordered to hire the complainant with retroactive seniority, compensate for lost wages, and pay $4,000 in general damages.
Ontario Human Rights Commission and Antony Kearsley v. Corporation of the City of St. Catharines, 2002 CanLII 46502
