The applicant sought judicial review of a Human Rights Tribunal of Ontario decision finding it discriminated against a resident with disabilities by implementing a strict COVID-19 visitation policy in its congregate care setting.
The Divisional Court held the HRTO's decision was unreasonable, finding the policy was based on public health guidance rather than presumed characteristics of persons with disabilities, and thus did not constitute prima facie discrimination.
Furthermore, the court found the HRTO unreasonably concluded the applicant failed in its duty to accommodate, as it ignored the fluid nature of pandemic guidance and the reasonable alternatives offered.
The application for judicial review was allowed and the HRTO decisions were set aside.
