Simon's Legal Resources

Human Rights (Ont) - General

. Fulton v. Guan et al

In Fulton v. Guan et al (Div Ct, 2026) the Divisional Court allowed an HRTO JR, this brought against "the decision of the Human Rights Tribunal of Ontario .... dismissing his application", this grounded in disability (blindness) regarding residential accomodation. The application was denied on the HRC s.21(1) ['Residential accommodation - Shared accommodation'] exception which the applicant challenged under Charter s.15 ['discrimination'].

Here the court generally considers the Human Rights Code regime:

Relevant provisions of the Code and the Charter

[19] The Code’s objectives are significant. As set out in its preamble, the Code is intended to “extend the protection of human rights in Ontario”. It is predicated on the “recognition of the inherent dignity and the equal and inalienable rights of all members of the human family”. The preamble goes on to identify that

[I]t is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province.

[20] The starting point of the Code, its first provision, states:

Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.