Court decision may mean fewer early dismissals of complaints and more HR due diligence
The Ontario Divisional Court’s recent decision in Bokhari v. Top Medical Transportation Services, 2026 ONSC 1073 (Bokhari) is a procedural ruling with practical consequences for human resources professionals who handle accommodations, leave of absence requests and related Human Rights Tribunal of Ontario (HRTO) applications.
While the decision does not expand the definition of discrimination or make weak claims easier to prove, it does narrow the circumstances in which the HRTO will dismiss applications on a preliminary basis, before they get their day in court. In practical terms, Ontario respondents are likely to see more applications moving beyond the preliminary screening process and into mediation, summary hearing procedures, and full evidentiary hearings.
For several years now, the HRTO has relied on an early screening process to dismiss applications that fall outside its mandate, such as complaints that alleged unfairness but not discrimination and complaints about events that occurred outside of the province. While this approach may have helped the tribunal manage its significant caseload, Bokhari confirms that efficiency has limits when access to justice is at stake.
The applicant, Ali Bokhari, was an ambulance driver who injured his ankle, provided his employer with a medical note, and asked for two weeks away from work to recover. A week...
Compliance It’s the second federal contractor to settle with the Department of Justice over claims related to DEI programs without admitting to any wrongdoing. August 31, 2026 • 3 min read I-9 in n...