Human Rights Tribunal Case Collection
72 gender-related cases. Check out these selected examples of human rights tribunal decisions across Canada. You can look for past cases that are similar to the issues you or someone you know may be facing at school.
2021 HRTO 240 · Ontario
EN v. Gallagher’s Bar and Lounge
The applicants are employed by the respondent. They allege that they asked the respondent on several occasions to use their correct pronouns, to which he refused. The respondent was also heard using slurs towards the employees. The OHRT held that the Ontario Human Rights Code was clearly violated, and the respondent is liable for compensatory awards.
2020 HRTO 703 · Ontario
GS v. Toronto Catholic District School Board
The applicant is a transgender child who wants the TCDSB to implement anti-discrimination and anti-harassment training for teachers. This application includes a request for anonymization, which was granted by the OHRT.
2020 HRTO 165 · Ontario
Association of Ontario Midwives v. Ontario (Health and Long-Term Care)
The applicant's alleged discrimination against the Ministry of Health and Long Term Care (MOH) with respect to compensation practices. The OHRT held that there was discrimination on the basis of gender.
2019 HRTO 685 · Ontario
A.B. v. Ontario (Education)
This application concerns the respondent's repeal of the 2015 sex education curriculum and the reintroduction of the 2010 curriculum for the 2018/2019 academic year. The OHRT held that the proof of the 2010 curriculum being discriminatory is unfounded because teachers are obligated under the Ontario Human Rights Code and Canadian Charter of Rights and Freedoms to include LGBTQ+ students in their teaching.
2018 HRTO 276 · Ontario
Burton v. Unifor Local 2003E
The applicant alleges that her local and national union discriminated against her in ignoring her requests for help and in failing to represent her interests. She further alleges that the local union “misgendered” her. The union requested that they be removed from the application, but the OHRT held that there was discrimination, and therefore the union cannot be removed.
2018 HRTO 244 · Ontario
Choli v. Ontario (Community Safety and Correctional Services)
The applicant, a transgender woman, alleges that Toronto Police officers refused to recognize her gender identity and expression and interacted with her as if she was a man. The respondents raised concerns regarding the applicant's delay in submitting the application. The OHRT held that there was a connection between the incidents that creates a series of incidents, and therefore, the allegation is not dismissed.
2018 HRTO 1746 · Ontario
A.B. v. Ontario (Education)
The applicant, an 11-year-old transgender child, submitted a publication ban and anonymization request. The OHRT granted their request.
2018 HRTO 17 · Ontario
N.M. v. Ontario (Health and Long-Term Care)
The applicant submitted a request to be anonymized in future proceedings. The OHRT granted their request.
2018 HRTO 1607 · Ontario
A.B. v. Charity House (Windsor) o/a Brentwood Recovery Home
The applicant alleges that Brentwood had 90 days to develop policies and procedures to address the Ontario Human Rights Code rights in relation to LGBTQ+ folks and failed to do so. The applicant requested anonymization. The OHRT held that Brentwood breached their settlement agreement and granted the anonymization request.
2018 HRTO 127 · Ontario
N.M. v. Sunnybrook Health Sciences Centre
The applicant submitted a request to be anonymized in future proceedings. The OHRT granted their request.
2018 HRTO 1224 · Ontario
A.B. v. Elementary Teachers Federation of Ontario
The applicant alleges that the respondents refused to address him by his proper name and gender, and requests anonymization. The OHRT granted their request, but the application was ultimately dismissed as having no reasonable prospect of success.
2017 HRTO 919 · Ontario
A. v. Integrity Roofers
The applicant alleges that she was subjected to discriminatory treatment when she attended a job interview. The applicant requests that the application be anonymized, which the OHRT granted.
2017 HRTO 28 · Ontario
Ross v. Morguard Corp.
The applicant is a transgender woman with a permanent disability. She applied for an unfurnished apartment in the respondent's building, and the respondent denied the application. The OHRT could not find any evidence of discrimination.
2017 HRTO 1707 · Ontario
N.M. v. St. Joseph’s Health Centre Toronto
The applicant submitted a request to be anonymized in future proceedings. The OHRT granted their request.
2017 HRTO 1706 · Ontario
N.M. v. Women’s College Hospital
The applicant submitted a request to be anonymized in future proceedings. The OHRT granted their request.
2016 HRTO 793 · Ontario
Lewis v. Sugar Daddys Nightclub
The applicant (transgender neutral questioning transgender male) subject to adverse treatment when attempting to use the male washroom. The respondent requested reconsideration. The OHRT refused to reconsider.
2016 HRTO 541 · Ontario
Cameron v. Hamilton Black History Committee
Complainant alleges that the respondent rejected her request to establish a scholarship for Black lesbian, gay, bisexual or transgender youth at its 2015 ceremony, but had a historical practice of accepting such requests from others whose identity and proposed scholarship was not tied to sexual orientation and gender identity.
2016 HRTO 468 · Ontario
Sanderson v. Best Buy Canada
The applicant alleges that he was subject to a poisoned work environment. The main issue is whether the application should be dismissed if there is not a reasonable prospect that the application will succeed. The OHRT held that it is premature to dismiss the application, as the series of incidents described by the applicant appears to be capable of describing a series of events within the meaning of the Ontario Human Rights Code.
2016 HRTO 347 · Ontario
Lewis v. Sugar Daddys Nightclub
The applicant, a transgender male, was subject to adverse treatment when attempting to use the men's washroom. The OHRT held that there was blatant discrimination on the basis of gender identity and gender expression, and awarded the applicant monetary compensation for injury to dignity.
2016 HRTO 17 · Ontario
T.A. v. Ontario (Transportation)
The applicant alleges discrimination through the use of binary gender markers on government documents requested by the respondent. The respondent requested all records relating to sex designation and while the applicant did not consent, the OHRT deemed them necessary for the confirmation of the applicant's identity.
2016 HRTO 1630 · Ontario
E.C. v. Ready Employment Agency (Ready Jobs)
The applicant, a transgender woman, alleged that the respondent's ad searching for a "woman" (which was later changed to "person") to fill a receptionist position. The OHRT could not find that the applicant experience adverse treatment by the respondent.
2015 HRTO 745 · Ontario
A.B. v. Hamilton (City)
The applicant submitted a request to be anonymized in future proceedings. The OHRT granted their request.
2015 HRTO 664 · Ontario
Heron v. Canadian Blood Services
The applicant alleges that he suffered harassment in the workplace due to his association with a transgender individual. The OHRT held that the applicant had not been successful in proving discrimination.
2015 HRTO 434 · Ontario
K.M. v. Ontario (Government and Consumer Services)
The applicant identified as a transgender male. The applicant submitted a request for anonymization, which was granted by the OHRT.
2015 HRTO 1019 · Ontario
McMahon v. Wilkinson
The applicants, one of whom is transgender, submit that they were subjected to discrimination on the basis of sexual orientation and gender identity when the respondent did not permit them to rent a unit in the respondent's building. The OHRT found that there is sufficient evidence to prove that the fact that one of the applicants is transgender was a factor in the respondent refusing to rent out a unit to the applicants.
2014 HRTO 775 · Ontario
Salsman v. London Sales Arena Corp.
The transgender complainants allege that the respondent discriminated against them because they are transgender and that the respondent did not provide them access to washroom facilities. The OHRT held that the respondents ought to ensure that all people who identify as transgender have access to the washroom facilities of the gender with which they identify.
2012 HRTO 932 · Ontario
Vallen v. Ford Motor Company of Canada
The applicant, a transgender woman, alleges that she was subjected to harassment and discrimination in the workplace. The OHRT proceeded to state that the applicant's allegations constitute a series of incidents and scheduled mediation.
2012 HRTO 726 · Ontario
X.Y. v. Ontario (Government and Consumer Services)
A transgender woman challenged the Government of Ontario's requirement that to change your birth certificate, you must undergo what the government termed "transsexual surgery" that has to be confirmed by two doctors. The applicant felt that the government's requirement was invasive, insulting, and unfair to transgender individuals. The OHRT agreed with the applicant and stated that the government had not established evidence that the surgery requirement is necessary.
2012 HRTO 1977 · Ontario
Vanderputten v. Seydaco Packaging Corp.
The applicant alleges that she was harassed, subjected to a poisoned work environment, and dismissed in violation of the Human Rights Code. However, she did not address her concerns for fear of being rejected by the respondent. The OHRT accepted the applicants' evidence and awarded her damages.
2012 HRTO 1505 · Ontario
K.M. v. Sunnybrook Health Sciences Centre
The applicant submitted a request to be anonymized in future proceedings. The OHRT granted their request.
2011 HRTO 2179 · Ontario
May v. Ontario (Health and Long-Term Care)
The issue, in this case, is whether it is an abuse of process to relitigate the delisting of sex reassignment surgery in 1998 as an insured service under OHIP in light of the Tribunal’s Decision in Hogan v. Ontario (Health and Long Term Care). The OHRT cannot act as an appellate body, and therefore, it would be an abuse of process to relitigate.
2010 HRTO 2363 · Ontario
McIntosh v. Ontario (Government Services)
The applicant argues that section 36 of the Vital Statistics Act which deals with the change of sex designation on birth certificates discriminates against transgender individuals. The OHRT deferred this case until after XY v Ontario (Government and Consumer Services).
2009 CanLII 84982 · Ontario
J.V. v. Ontario (Health Insurance Plan)
The appellant, a transgender woman, was approved for Sex Reassignment Surgery (SRS), and it was deemed medically necessary by her physicians. The appellant underwent SRS and subsequently sought reimbursement for the costs from OHIP, which they denied. The appeal was denied because SRS is an uninsured service.
2006 HRTO 32 · Ontario
Hogan v. Minister of Health and Long-Term Care
The primary issue, in this case, is whether the Government of Ontario was discriminating against transgender individuals by delisting Sex Reassignment Surgery (SRS). The OHRT held that delisting SRS was not, in itself, discriminatory.
2006 HRTO 13 · Ontario
Forrester v. Peel (Regional Municipality) Police Services Board et al.
The complainant, a transgender woman, was subject to unjust strip searches by male police officers, despite asking for a female officer to conduct the search. The OHRT held that all police officers are obligated to act in accordance with the Ontario Human Rights Code with respect to strip searches.
1990 CanLII 7012 (ON SC) · Ontario
B. v. A.
The primary question of this case is whether a transgender man falls within the definition of a "spouse" in section 29 of the Family Law Act, 1986. The OHRT held that gender-affirming surgery was, at the time, required for a person to have their gender marker changed on legal documents.
1986 CarswellOnt 178 · Ontario
Re. Reid
A 32-year-old unmarried, transgender man requested a name change. The OHRT granted his request.