Company resisted emergency psychiatrist visit, fired employee upon return from leave
A property management company that terminated an employee the day she returned from a one-week mental health leave has been ordered to pay $17,500 in damages for disability discrimination, in a decision that underscores the critical importance of the accommodation process even during short medical absences. Adjudicator Marinus Lamers of the Human Rights Tribunal of Ontario found Bridlepath Property Management Inc. violated the Human Rights Code when it fired Ranita Dey on Nov. 20, 2019, immediately upon her return from medical leave for bipolar and adjustment disorder. The Jan. 22, 2026 decision noted the employer failed to make any effort to inquire about accommodation needs or engage in the collaborative accommodation process.
Dey had been working as a property administrator at Bridlepath since May 7, 2019, in what was intended as a one-year maternity leave coverage with a promise of becoming permanent. She had been diagnosed with bipolar and adjustment disorder several years prior and managed her condition with medication.
In November 2019, she experienced an exacerbation of her medical condition due to work stress and increased stress in her personal life. On November 14, 2019, the employer was initially resistant to Dey's request to leave work early to attend an emergency appointment with her psychiatrist, Dr. Patyk.
The doctor completed a medical note advising that Dey was unable to work due to her medical condition for approximately one week, which was delivered to the employer. When Dey returned to work around Nov. 20, 2019, she was immediately informed her employment was terminated.
When accommodation never happened
The tribunal found the employer made no effort to inquire about her medical condition or explore accommodation options. Lamers wrote that “the termination of the applicant's employment occurred immediately upon the applicant's return to work after a one-week medical leave of absence. This fact alone creates an inference that her disability was a factor in the termination of her employment.”
The inference was strengthened by evidence showing the employer failed to fulfill its procedural obligations. The respondent was “initially resistant to applicant's request that she be permitted to leave work early to attend an emergency appointment with her psychiatrist, Dr. Patyk,” the decision noted.
Further, “upon the applicant's return to work on Nov. 20, 2019 the applicant was immediately informed that her employment was being terminated, without any effort by the respondent to inquire regarding the status of her medical condition or what, if any, kinds of modifications or accommodations might be required or how accommodation might be achieved.”
The cost of ignoring accommodation obligations
Bridlepath did not participate in the tribunal proceedings and was noted in default, deemed to have accepted all allegations. The decision emphasized that “procedurally, the respondent has an obligation to take the necessary steps to determine what kinds of modifications or accommodations might be required and how accommodation might be achieved.”
The tribunal awarded $17,500 for injury to dignity, feelings and self-respect, though it declined to award lost wages due to lack of evidence about mitigation efforts. Despite the employment lasting only six months, the tribunal found the discriminatory termination warranted significant damages.
The decision reinforced that communication is essential in accommodation cases, noting that “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,” but emphasized the duty to inquire can arise when circumstances suggest disability-related difficulties.
See Dey v. Bridlepath Property Management Inc., 2026 HRTO 115
