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Accessibility for Ontarians with Disabilities Act Alliance Update
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Human Rights Tribunal of Ontario Reserved Judgement on Whether Elections Ontario Violated Human Rights of Blind Voter David Lepofsky – Media Covers Closing Argument
November 6, 2026
SUMMARY
Here’s the latest news in the 27-year-long battle to get Elections Ontario to ensure that voters with disabilities can accessibly mark, verify and cast their ballot independently and in private in Ontario elections. Most find it shocking that anyone has to fight for such a basic right in a democracy. Alas, that is our plight in Ontario!
In 2019, AODA Alliance Chair David Lepofsky filed a human rights complaint against Elections Ontario for failing to consistently and reliably ensure that blind voters can accessibly vote in provincial elections. You can read the June 1, 2018 AODA Alliance news release to find out more about the straw that broke the proverbial camel’s back that ultimately led David Lepofsky to launch this legal proceeding.
After years of delay, Lepofsky v. Elections Ontario finally came to a hearing at the Human Rights Tribunal of Ontario this fall. From October 6 to 9, 2026, the Tribunal heard testimony. For two and a half days, Elections Ontario cross-examined four of David Lepofsky’s five witnesses. Of this, it spent fully one and a quarter days cross-examining David Lepofsky. It used the rest of this time to cross-examine Dr. Jonathan Lazar (an expert in digital accessibility), Lou Ann Blake, a retired employee of the US National Federation of the Blind (who had advocated for accessible voting for blind Americans) and Dean Smith (CEO of a Canadian company that delivers accessible voting for almost 100 of the 300 Ontario municipalities that permit internet voting for municipal elections). After that David Lepofsky’s pro bono counsel spent 2.5 days cross-examining Elections Ontario’s six witnesses. Five of Elections Ontario were present or past Elections Ontario employees. The sixth was an expert in cyber-security.
What was especially compelling was what Elections Ontario’s evidence did not include. Conspicuously absent from Elections Ontario’s witness list was Elections Ontario’s Chief Electoral Officer since 2008, Greg Essensa. Elections Ontario admitted that Mr. Essensa has ultimate responsibility for ensuring the accessibility of Ontario elections to voters with disabilities. As well, Elections Ontario did not call its former accessibility specialist. The witnesses it did call all admitted that they have no expertise in disability accessibility and voting. There was no blind voters among Elections Ontario’s witnesses, to support Elections Ontario’s claim that it had sufficiently accommodate blind voters.
On October 29, 2029, the parties to this hearing made their closing arguments on the question whether Elections Ontario violated the Ontario Human Rights Code. The parties of course included David Lepofsky (who made the closing argument on his own behalf) and Elections Ontario (represented by a major Bay Street law firm). They also included the Canadian National Institute for the Blind (CNIB) and Alliance For Equality of Blind Canadians (AEBC), both of whom intervened in this hearing in support of David Lepofsky. The interveners argued that the voting barriers that harmed David Lepofsky identically harm all blind voters in Ontario.
The parties also filed detailed written arguments to support their positions. After a full day of closing arguments, the Tribunal reserved its judgement. It will later release its decision and reasons. We don’t know when that will be. It will likely be several weeks if not months, since the Tribunal has a substantial volume of evidence, written arguments and case law to review. We will make the decision public as quickly as we can after it is made public.
At this hearing, the parties only addressed the question whether Elections Ontario violated David Lepofskys right to equal treatment with respect to services without discrimination because of his disability. Elections Ontario denied that there was any disability discrimination, and that if there was, it had fulfilled its duty to accommodate blind voters like Lepofsky. Lepofsky, argued that there was disability discrimination here, and that Elections Ontario failed to fulfil its duty to accommodate to him and other similarly situated blind voters.
If the Tribunal rules that Elections Ontario had violated the Ontario Human Rights Code, a subsequent hearing will be convened on the question of what remedies the Tribunal should impose on Elections Ontario Lepofsky has made it clear that he is not seeking any financial compensation. He is asking the Tribunal to order Elections Ontario to develop a concrete plan for ensuring that blind voters can accessibly vote – a plan that the Tribunal finds to be sufficient. He also will ask the Tribunal to appoint an Official Monitor to supervise the development and implementation of that plan.
The Canadian Press wire service published a report on the closing arguments in this case. The CBC was one of the news outlets that picked up that report. We set it out below.
MORE DETAILS
CBC News October 29, 2026
Originally posted at https://www.cbc.ca/news/canada/toronto/ont-accessible-voting-9.7402343
Elections Ontario tells tribunal it’s making efforts to provide accessible voting
Tribunal hearing submissions from complaint filed by accessibility advocate David Lepofsky
Maan Alhmidi The Canadian Press
Elections Ontario says on its website that it’s committed to preventing and removing barriers “so that persons with disabilities can fully participate in the electoral process.” (Muriel Draaisma/CBC)
Lawyers representing Elections Ontario told an Ontario Human Rights Tribunal hearing on Thursday that the agency seeks to accommodate all voters with disabilities the best it can, but those accommodations must ensure votes are secure and secret.
The tribunal is hearing final submissions in the complaint accessibility advocate David Lepofsky filed more than seven years ago, following an incident during the 2018 Ontario election.
He has said he tried to vote using Elections Ontario’s accessible voting machine but his ballot fell to the floor as it was coming out of the terminal and a poll worker told him that he inadvertently saw who he voted for.
At the time, Lepofsky also said that a voting affirmation document was not available to him in braille.
Lepofsky argued that Elections Ontario has also failed to ensure he can mark and cast his ballot independently and privately in other elections.
Blind voter argues at Ontario tribunal that his accessible voting rights were denied
Lawyer Yael Bienenstock, who is representing Elections Ontario, said the agency wants all voters to be able to mark their ballots independently and verify their choice, and noted there are 175 accessible voting machines that people who are blind can use to do so.
“Lepofsky admitted that with AVT, he is able to mark his ballot on his own. He didn’t have to ask anyone else to mark it for him. He has used it to verify his choice before the ballot is printed. And he’s used it to verify his choice after the ballot was printed,” she told the tribunal hearing on Thursday.
“Offering AVT isn’t something that comes with no hardship for Elections Ontario. The evidence is it costs $3,500 to $5,000 per unit.”
Advocate argued agency didn’t ensure accessible voting
Lepofsky argued Elections Ontario did not take sufficient action to ensure accessible voting, including before and after the incident in 2018, and that constitutes a continuing human rights violation.
He said in his closing argument on Thursday that he is seeking an effective, consistent and reliable method for blind people to vote.
Lepofsky said accessible voting machines were available in 159 voting locations while more than 7,000 other locations in Ontario had none.
David Lepofsky told the tribunal earlier this month that he has advocated for the rights of blind people for decades and he wants to ensure accessible voting for them. (Submitted by David Lepofsky)
He asked the tribunal to order Elections Ontario to come up with a plan to do a proper review of accessibility measures, and appoint an official monitor to oversee that process.
“We’ve heard, ‘stay inside the box and don’t change things because that might be a fundamental transformation’ or whatever the label was … It’s this bureaucratic rigidity in a situation where they needed creativity,” he said.
“I was told they would come up with an action plan with timetables. They still haven’t.”
Lepofsky told the tribunal earlier this month that he has advocated for the rights of blind people for decades and he wants to ensure accessible voting for them.
Elections Ontario says on its website that it’s committed to preventing and removing barriers “so that persons with disabilities can fully participate in the electoral process.”
It says assistive voting technology allows voters to listen to their ballot choices and cast their ballot “secretly and independently,” and that options such as voting by mail or by home visit are also available.