In Empower Simcoe v. JL (Div Court, 2022) the Divisional Court commented on the human rights duty to provide reasonable accomodation:
[73] In addition, it was unreasonable for the HRTO decision to conclude that between June and August 2020, the accommodation alternatives offered to JL’s family were insufficient. Empower Simcoe proposed a number of reasonable alternatives that allowed for visitation that accorded with the provincial guidelines at the time. In crafting these accommodations, Empower Simcoe balanced the individualized needs of JL as well as the MCCSS and MOH guidelines in effect at the time. In failing to find that these proposals satisfied Empower Simcoe’s duty to accommodate, the HRTO decisions neglected the principle that the duty to accommodate requires reasonable efforts, not perfection: Fisher v. York University, 2011 HRTO 1229.
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