Dr. G, a dentist, refused PM a dental consultation on the basis that PM was HIV positive. PM had informed the dental hygienist of his status. PM sued Dr. G alleging that the refusal violated his right to be free from discrimination on the basis of a handicap as provided under the Charter.

The Human Rights Tribunal held that asymptomatic HIV falls within the definition of handicap under the Charter. The Tribunal further held that Dr. G had no bona fide reason to refuse service, finding that the risk of transmission during a dental consultation can be significantly reduced by taking universal precautions.

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