Physician With Privileges Unsuccessful In Allegations That Hospital Breached Ontario Human Rights Code

Overview

In Shaver v. Queensway Carleton Hospital (2017 HRTO 685), an aggrieved physician alleged discrimination and reprisal with respect to employment because of age and disability contrary to the Ontario Human Rights Code (the "Code").

The physician made two specific allegations before the Human Rights Tribunal of Ontario (the "Tribunal"). He alleged that:

1. The hospital's "sunset clause" (or "on-call policy") requiring physicians to reduce their practice over a five-year period upon giving up on-call responsibilities, was discriminatory and amounted to a mandatory retirement policy; and
2. The hospital's mandatory report to the College of Physicians and Surgeons of Ontario ("CPSO") amounted to reprisal for asserting his rights under the Code.