In Zaidi v. Immigration Consultants of Canada Regulatory Council, 2018 FCA 116, http://canlii.ca/t/hsjrq the applicant for registration by a regulated profession was unable to meet the language proficiency requirements. The applicant repeatedly failed the language proficiency test and challenged the requirement as discriminatory on the basis of his medical conditions. The Court dismissed the challenge primarily on the basis that it did not have jurisdiction to hear the appeal. However, it also said that the appeal had no merit because the applicant had not sought accommodation and thus had not been refused accommodation. Thus there is an onus on applicants to request accommodation before a complaint of discrimination on the basis of disability can be made out.
Circumventing the Implied Undertaking Rule
Regulators must often disclose all relevant information, that is not privileged, in its legal proceedings such as discipline hearings. However, the party receiving the disclosure