Desson v. Canada (Attorney General)

canada, canadian, case law, court opinion, canlii, fct, 2026fc1169, 2026 fc 1169 (canlii), 2026, fc, 1169, (canlii), t-291-23, 2026, administrative law, judicial review, reasonableness, meiorin, reasonable necessity, whether analysis of step three failed to assess accommodation in operational roles, duty to accommodate integral to undue hardship and validity of standard, tribunal treated accommodation as stand, alone and relied on ad hoc flexibility, application for judicial review allowed, matter remitted, administrative law, judicial review, internal rationality, circular reasoning, whether 5, year policy was justified by unexamined one percent risk threshold, grismer, risk not independent justification for discrimination, failure to interrogate rationale for risk tolerance undermined reasonable necessity analysis, decision unreasonable, application for judicial review allowed, administrative law, judicial review, reasons, responsiveness to submissions, whether tribunal failed to address objections to non, expert medical opinion evidence under canadian human rights tribunal rules of procedure, s. 22(1), evidence relied on for key findings at reasonable necessity stage, non, responsive reasons under vavilov, decision set aside, matter remitted to different decision, maker