Woman Files Million Dollar Human Rights Complaint Against Local Closing Emergency Department

On May 6, 2023, the Toronto Star published an article about a woman who filed a human rights complaint claiming damages of $1 million dollars against a local emergency department that announced its decision to close. The Complainant, Sandra Bradly, filed a complaint with the Human Rights Tribunal of Ontario, claiming that the closure of the emergency department is discriminatory based on the protected grounds of disability and age. Ms. Bradley seeks $1 million dollars against the emergency department, which she believes is the value of her life if she were to die due to the unreasonable delay of having to be transported to the next available emergency department in her area.

Section 1 of the Ontario Human Rights Code (the “Code”) provides that everyone has a right to equal treatment with respect to services, goods and facilities, without discrimination based on one or more of the protected grounds.

Tanya Walker, owner of Walker Law, was asked to comment on the case. Based on Section 1 of the Code, Ms. Bradley may face a challenge in showing discrimination as the emergency department will be closed to everyone, and not just people of a certain race or disability. Moreover, it may be difficult for Ms. Bradley to argue her claim for $1 million dollars in damages against the emergency department as the Ontario Human Rights Tribunal has historically only granted damages up to $200,000 for injury to dignity, feelings and self respect.

Walker Law can assist you if you are looking for a human rights lawyer for a human rights dispute. Contact us today!

Please note that this article is intended for information purposes only. It is not intended to provide legal advice. If you have any specific questions, please contact a lawyer.

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