Press Release – Court Overturns Human Rights Tribunal Decisions for Improperly Dismissing Discrimination Claim on Grounds of Disability
FOR IMMEDIATE RELEASE
February 24, 2026
Toronto, Ontario, Canada – The Ontario Divisional Court released a significant human rights decision styled Bokhari v Top Medical Transportation Services, 2026 ONSC 1073. This decision is a judicial review of two Human Rights Tribunal of Ontario (“Tribunal”) decisions, marking an important victory for the rights of persons with disabilities. ARCH intervened in the judicial review, achieving systemic change for our clients and disability communities under the Ontario Human Rights Code (“Code”).
Mr. Bokhari brought a case to the Tribunal against his employer, alleging discrimination on the basis of disability after sustaining an injury which required him to take time off work. The Tribunal dismissed the case early in the process, ruling that his injury did not constitute a disability within the meaning of the Code and therefore the case was not within the Tribunal’s jurisdiction. On reconsideration, the Tribunal upheld its own decision and noted that it was using a new approach to determine jurisdictional issues, which had never been made known to the public. The Divisional Court reviewed these two decisions made by the Tribunal: 2022 HRTO 1424; 2024 HRTO 229.
ARCH intervened in this matter at the Divisional Court, and argued at the hearing that the Tribunal’s decisions undermined the dignity and full inclusion of persons with disabilities, focusing on an individual’s medical condition, rather than the barriers created by discriminatory policies and actions. The Court agreed with ARCH and stated that the Tribunal improperly adopted a biomedical model of disability and did not engage in a socio-political analysis, which required assessing all the facts, not simply the nature of the impairment without context. The Court also determined that the Tribunal’s new jurisdictional standard inevitably screens out applicants who would otherwise be protected under the Code.
“The Court was clear that the Human Rights Tribunal of Ontario must not improperly close its doors to applicants as it seeks to manage its caseload,” said Michael Gottheil, Senior Counsel at ARCH and former Chair of the Human Rights Tribunal of Ontario.
Ilinca Stefan, Staff Lawyer at ARCH Disability Law Centre underscores the importance of this decision by stating that, “[t]his decision serves as a reminder that the Tribunal cannot dismiss cases prematurely based on outdated notions of what constitutes a disability”.
ARCH will monitor the changes the Tribunal makes to its process as a result of this decision, which has significant implications for future and ongoing human rights applications.
About ARCH Disability Law Centre
ARCH Disability Law Centre is a specialty community legal clinic that practices exclusively in disability rights law. Since its incorporation in 1979, ARCH has been a leader in disability rights advocacy and test case litigation. ARCH is dedicated to defending and advancing the equality rights, entitlements, fundamental freedoms, and inclusion of persons with disabilities with low income in Ontario. ARCH is primarily funded by Legal Aid Ontario.
-30-
Contact:
Michelle Way
Communications Coordinator
ARCH Disability Law Centre
Tel: 416-482-8255 or 1-866-482-2724 ext. 2243
Email: [email protected]