Where a respondent was unaware of an accommodation need, can the respondent be liable?
Ontario, Canada
The following excerpt is from MacDonald v. London Health Sciences Centre, 2019 HRTO 1134 (CanLII):
Where a respondent is unaware of, and has no reason to be aware of, an accommodation need, there will not be a finding of liability. See Macanovic v. Toronto Public Library, 2014 HRTO 1592, at paragraphs 10-16. The applicant, at best, suggested that the hospital should have identified the concerns raised as being possibly disability related.
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