The applicant sought judicial review of a Human Rights Tribunal of Ontario decision finding his employer breached its procedural duty to accommodate his disability but awarding only $5,000 in general damages.
The applicant argued the Tribunal erred by considering seniority rights and a WSIB incentive program in its accommodation analysis, and by failing to award lost wages.
The Divisional Court dismissed the application, holding that the Tribunal's findings on the duty to accommodate and its remedial order were reasonable given the evidentiary record.