Refusal to process same-sex couple's name change application under spousal election provision constitutes sexual orientation discrimination.
The complainant, a lesbian in a conjugal relationship, applied to change her surname to a hyphenated version of her and her partner's surnames under the Change of Name Act.
The Office of the Registrar General refused to process the application because the Act's spousal election provision only applied to opposite-sex couples.
The Board of Inquiry found that this refusal constituted discrimination on the basis of sexual orientation in the provision of services, contrary to section 1 of the Human Rights Code.
The Board ordered the Registrar General to process the name change application and awarded the complainant $500 in general damages.
Bewley v. Ontario, 1997 CanLII 24810
