In 1985, Brian Mossop, a gay man from Toronto, sought bereavement leave from his employer, the Canadian federal government's Translation Bureau, to attend the funeral of his same-sex partner's father.

The majority held that absent a Charter challenge of the constitutional validity of the Canadian Human Rights Act, there was no grounds for a claim.

In dissent, Madam Justice L'Heureux-Dube found that there was basis to read sexual orientation into the term "family status" within the Canadian Human Rights Act.

She was joined on this point by McLachlin J. and Cory J., who both agreed that the relationship of Mossop and his partner fell within the scope of the term "family status".

Despite the dismissal of his appeal Mossop declared the decision a success as it opened up a national debate on gay rights.