The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his discrimination application for lack of jurisdiction.
The Tribunal had concluded that his transitory ankle injury was not a disability under the Human Rights Code and applied a balance of probabilities standard to its jurisdictional screening.
The Divisional Court granted the application for judicial review, finding that the Tribunal engaged in an impermissible merits review rather than a jurisdictional analysis.
The court held it was unreasonable for the Tribunal to depart from the 'plain and obvious' standard for jurisdictional screening and to fail to apply a multidimensional, socio-political analysis to the definition of disability.
