Human rights complaint dismissed; dentist's postponement of AIDS patient's treatment was justified by health requirements.
The complainant, a person living with AIDS, alleged that the respondent dentist discriminated against him by refusing or delaying dental treatment because of his handicap.
The Board of Inquiry found that AIDS is a handicap under the Human Rights Code.
However, the Board concluded that the respondent did not refuse treatment but merely postponed it to the end of the day.
The Board held that the postponement was justified under section 16 of the Code because proper dental procedure for an AIDS patient required consultation with a physician and a deeper cleaning performed by the dentist rather than a hygienist, which could not be accommodated during the originally scheduled appointment without undue hardship.
Jerome v. DeMarco (No. 2), 1992 CanLII 14238
