This narrow approach was rejected
by the Human Rights Tribunal of Ontario in Devaney v. ZRV Holdings Limited, which instead looked to whether the employee was adversely impacted on the basis of a requirement
imposed by the status of a
caregiver.
a) Your Accidental Injury, Covered Sickness or death or the Accidental Injury, Covered Sickness or death of Your Traveling Companion, Your Family Member, Your children's
caregiver or Your Business Partner; that results in medically
imposed restrictions as certified
by a Physician at the time of loss preventing Your participation or continued participation in the Covered Trip.