The recent Human Rights Tribunal of Ontario decision in Baker v. Firon Roofing Inc., 2026 HRTO 292 found that a doctor’s bald statement that the employee was “totally disabled” was insufficient on its own to establish an existing disability.
Background
In this case, the employee was an Assistant Office Manager at a small family-owned roofing company. She alleged that stressful and difficult working conditions exacerbated a pre-existing medical condition and necessitated a medical leave of absence commencing October 12, 2018. The employee’s doctor wrote two medical notes indicating that the employee was totally disabled and could not work through to December 14, 2018. On November 14, 2018, the employer informed the employee that she was being temporarily laid off. The employee’s role was eventually eliminated and she was not recalled in the spring.
The employee (who was self-represented) alleged she was laid off due to her extended medical leave and her disability preventing her from working and that she was replaced in her role, thus constituting discrimination and a failure to accommodate. The employer responded that the layoff was due to lack of work and an early turn in weather that impacted the roofing business, and that her role had been eliminated. The employer took the position that the medical notes simply stated that the employee required time off work due to a disability with no further details, there was no diagnosis of disability, as well as no description or suggestion of work restrictions that would have allowed a determination on accommodation (i.e., the employee did not establish an existing disability).
Decision
The Human Rights Tribunal found that the employee failed to establish a disability under s. 10(1) of the Human Rights Code. The Tribunal held that the “mere mention of being ‘totally disabled’ is insufficient to establish an existing disability”, the “letters are completely silent on the nature of the disability and provided no details on accommodation requirements”, and that no oral evidence was given “about what her disability was or about any restrictions to ability to perform her work.”
Despite finding that the employee failed to establish she suffered from a disability, the Tribunal went on to note that, in any event, it would have found that any such disability was not a factor in the company ending employment. The Tribunal accepted the company’s evidence that the early onset of winter weather resulted in worsening economic conditions that required layoffs and noted that other employees were also placed on layoff. The Tribunal did not find that another individual had been hired to replace the employee following her layoff, as the employee alleged. In the result, the human rights application was dismissed.
Key Takeaway
This case is a timely reminder that a conclusory statement of disability in a medical note – without additional necessary information – will be insufficient to establish a disability in the human rights context. This case supports the employer’s ability to push back on vague medical notes and request additional information to determine medical restrictions and limitations and possible accommodations (but the employer should never request a medical diagnosis or confidential medical information).
Each medical absence and disability management situation is fact-specific and requires a tailored strategy. Our firm can assist with navigating the complexities of workplace absenteeism and disability management by providing timely, practical, and cost-effective legal support.
Firm News and Reminders
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