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Tribunal decision recalibrates family status accommodation

Wednesday, August 23, 2017 @ 8:57 AM | By Nicole Simes

Family status accommodation has been in flux in recent years. The Federal Court of Appeal decision in Canada (Attorney General) v. Johnstone 2014 FCA 110, provided a new legal test to be applied. However, there was always the possibility that Ontario courts or tribunals would not follow the federal decision.

That possibility became reality last fall, when the Human Rights Tribunal of Ontario rejected parts of the Johnstone decision in Misetich v. Value Village Stores Inc. 2016 HRTO 1229.

Prior to Misetich, the Johnstone test set out that accommodation...