The applicant sought judicial review of a Human Rights Tribunal of Ontario decision that denied her claim for $100,000 in general damages.
The Tribunal had found that the Ministry's subcontracting rules under the Ontario Disability Support Program discriminated against the applicant based on her disability.
However, applying the Mackin rule, the Tribunal held that damages were not available because the government's conduct in applying the policy was not clearly wrong, in bad faith, or an abuse of power.
The Divisional Court dismissed the application for judicial review, finding that the Tribunal's application of the Mackin rule to the policy directive and its conclusion that no exceptions applied were reasonable.