Elite Tennis Academy is an Ontario gym and tennis training facility. All of the employees at Elite Tennis Academy are expected to love the game of tennis and play it themselves. All employees, from the tennis pros to the front-desk staff, have signed an employment contract that says they will maintain a rigorous tennis training schedule as a condition of employment. Elite Tennis Academy provides staff to free access to the training facilities to support this policy. The policy was implemented 5 years ago in response to complaints by members of the Elite Tennis Academy who made it clear to management that they preferred having all staff members be active tennis players.

One of Elite Tennis Academy's employees, Jacob, was involved in a car accident which severely injured his spinal cord. Jacob now requires the use of a cane to walk and he cannot play tennis. Jacob is an employee that works at the front-desk signing members and guests into the facility and answering the telephone.

Elite Tennis Academy initially allowed Jacob to return to work at the front-desk, but after receiving a complaint from a member he was fired. Elite Tennis Academy cited his inability to satisfy the training schedule which is a condition of employment under the employment contract as the reason for his termination.

Jacob has come to you for advice and would like to bring a complaint for discrimination on the basis of disability.

1. Which of the above civil liberties legislation applies in this situation: the Ontario Human Rights Code, the Canadian Charter of Rights and Freedoms or both statutes? Briefly explain   
2. Did illegal discrimination occur on these facts? Briefly  Explain