In a recent Lawyer's Daily article, Associate Dean Laverne Jacobs comments on the significance of the Court of Appeal overturning a Human Rights Tribunal decision in an Ontario university admissions case.
Dr. Jacobs says the decision is important for people with disabilities, their advocates and for universities considering their admissions processes.
“Essentially there’s always been a large place for deference for universities, especially for matters that fall right within their immediate purview, and admissions has always been seen to fall within that purview,” she told The Lawyer’s Daily. “This makes it clear that universities will need to think about what accommodation means. It’s not enough to simply have a process. You really have to think through what it means in terms of substance to accommodate someone.”
Jacobs said the question, post-Vavilov, of which standard of review should be used for HRTO decisions will likely come up again in future cases.