Montreal Day Care Owed $5,000 for Allergy Discrimination

A Montreal day care, École Montessori International Montreal, has been ordered to pay $5,000 to a family after refusing to admit a child due to his severe allergies. The Human Rights Tribunal ruled on August 18, 2026, that the child's allergies to eggs, sesame, nuts, peanuts, almonds, beans, peas, and lentils constituted a disability, making the refusal discriminatory.

In November 2021, the child's parents, preparing to move to Montreal from Ottawa, inquired about a spot and informed the day care of their son's allergies. The day care promptly responded that accommodating the child would be 'impossible,' citing concerns about food contact from their caterer. Despite the parents' offer for the child to bring his own food, the day care claimed supervising meal times would be too challenging.

The family filed a complaint with the Commission des droits de la personne et des droits de la jeunesse. After an investigation, the commission found sufficient evidence of discrimination in 2024. When the day care and its director, Sandra Grace Albers, did not comply with proposed remedies, the commission escalated the matter to the Human Rights Tribunal.

The tribunal rejected Albers' argument that monitoring meal times would be difficult, noting the day care's capacity versus its actual enrollment. The ruling stated that a facility with space for 41 children, but only 27 enrolled, should be able to implement simple measures like a side table for safe meal consumption. Both the day care and Albers were ordered to pay $2,000 to the parents and $1,000 to the child for emotional distress and punitive damages.