The Human Rights Tribunal of Ontario (HRTO) has ruled the University of Waterloo begin piloting an admissions process for applicants with disabilities. The university aims to have the process ready for the fall 2026 intake.

The decision comes after a 12-year legal battle which began in 2013 when Roch Longuéepée filed an application with the HRTO against the university for discrimination on the basis of disability.

Longuéepée, a mature student previously at Dalhousie University, applied to UW in 2013 but was rejected because his grades were lower than the required average for transfer students. However, in his time at Dalhousie, Longuéepée had not yet identified his disabilities, obtaining those grades with no diagnosis or accommodations. In his filing, Longuéepée alleged that in their admissions decision, UW did not consider his activities and achievements outside of school that he had submitted in support of his application.

Though the case was initially dismissed, Longuéepée appealed the decision to the Divisional Court, which found the HRTO’s decision was mistaken. The university appealed the Divisional Court’s decision to the Court of Appeal for Ontario, who affirmed the Divisional Court’s findings.

Jay Dolmage, founding editor of the Canadian Journal of Disability Studies, felt that the university’s appeals sent the wrong message to disabled students. Referring to the pilot process, he said, “I think it sends a nice statement… it kind of says to [applicants], you know, the University of Waterloo is open minded. We do understand that grades are not the only indicator of success.”

According to a university spokesperson, the pilot process will use the Prior Learning Assessment and Recognition (PLAR) framework to “enhance the existing Special Consideration for admission process.” It will also include “targeted admission accommodation support for mature applicants with disabilities or with other unaccommodated circumstances.” The pilot will still require applicants to meet minimum admission criteria, though they will be assessed in a “non-traditional manner that is more appropriate to their individual situation.”

In an email, David Baker, one of the lawyers representing Longuéepée, explained that the process would not involve quotas or affirmative action. Rather, it would be an alternate method of determining if a disabled applicant, if properly accommodated, could meet Waterloo’s admissions standards. According to Baker, PLAR has been used successfully in the past at Waterloo, to develop grade equivalencies based on non-academic performance.

Baker specified the pilot must have three components each involving the applicant meeting with a PLAR-trained professional: determination that grades are not the most accurate indicator of a student’s potential, design of an appropriate accommodation in case of admittance, and examination of non-grades-based evidence.

Baker said it “would be helpful” if the university released the designs of the PLAR admissions process and consulted with experts to improve the pilot and “reduce the likelihood of future litigation.”

“Leaving so much in the hands of a University that has fought so hard to be permitted to continue discriminating against disabled students may give rise to apprehensions that the pilot may not be given a fair chance,” he said. “Knowing that the pilot will be subjected to intense international scrutiny, either before if permitted by Waterloo; or after, whether by academic researchers or the law courts, should provide some measure of reassurance. “

He added that applicants with disabilities must be informed of the PLAR pilot process when applying, stating, “If they are not informed and no one applies, any attempt to draw the conclusion that this accommodation is not required could be easily rebutted.”

In response to UW’s statement that they would track students admitted through the pilot process, Dolmage emphasized caution. “I think that they are going to thrive as long as the attitude is one that’s seeking that success rather than treating this as an experiment,” he said.