The complainant applied to be a firefighter with the City of Toronto and passed the physical fitness test.
However, during the pre-employment medical examination, the City's physician discovered the complainant had severe osteoarthritis in his knee, a condition the complainant had failed to disclose on his medical history form.
The City refused to hire him, citing both safety concerns related to his knee and his misrepresentation of his medical history.
The Tribunal found that the City discriminated against the complainant on the basis of perceived disability, as the medical evidence showed his knee was stable and he had no functional limitations that would prevent him from safely performing the job.
However, the Tribunal also found that the complainant had knowingly misrepresented his medical history, and that the City's reliance on this misrepresentation was a genuine, non-discriminatory reason for refusing to hire him.
As a result, the Tribunal awarded $10,000 for injury to dignity but denied the complainant's requests for instatement and lost wages.
