January 28, 2026
Thorne v. Good Health Walk-In Clinic, 2026 ONSC 453
The application in this matter was filed in 2018 and went to a hearing in December 2023. The decision was issued in October 2024. HRTO found there was no prima facie case of discrimination related to misgendering of the applicant at a doctor’s office because the misgendering was “inadvertent and not intentional”.
In overturning the decision, the Court noted that there was evidence before the adjudicator which belied that finding and that in any event the Adjudicator failed to appreciate the well-established principle that discriminatory intent is not required to establish a case of prima facie discrimination.