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ARTICLE · 27 MARCH 2025

Zarabi-Majd And The Duty To Accommodate

WeirFoulds LLP
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In Zarabi-Majd, released in January 2025, the Divisional Court weighed in on whether the Toronto Police Services ("TPS") Disciplinary Tribunal adequately accommodated a member with disabilities during the hearing process.

CanadaEmployment and HR
Natasha Novac
Natasha Novac
Mallory Cramp-Waldinsperger
Mallory Cramp-Waldinsperger
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Introduction

In Zarabi-Majd, released in January 2025, the Divisional Court weighed in on whether the Toronto Police Services ("TPS") Disciplinary Tribunal adequately accommodated a member with disabilities during the hearing process.[1] The Court concluded that the applicant, a police officer facing insubordination and discreditable conduct charges, had been offered adequate accommodations by the Hearing Officer, and emphasized that the process of finding reasonable accommodations must be collaborative between both parties.[2]

Zarabi-Majd gives us an opportunity to refresh and review the duty to accommodate in the context of self-regulating professions. In this article, we offer a brief case comment on Zarabi-Majd and discuss the duty to accommodate in the context of discipline hearings. We also offer a broader perspective on duty to accommodate issues that can arise in the context of registration. Under section 6 of the Ontario Human Rights Code (the "Code"),

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