The applicant, a Black trans-male, sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his discrimination claims against a walk-in clinic.
The applicant alleged he was misgendered and denied treatment based on his gender identity and race.
The Divisional Court found the HRTO's dismissal of the race discrimination claim was reasonable, as it rested on unassailable credibility findings.
However, the court held the HRTO's analysis of the misgendering allegations was fundamentally flawed because it improperly focused on whether the clinic staff intended to discriminate, contrary to established jurisprudence that intent is not required for prima facie discrimination.
The misgendering issue was remitted for a new hearing.