Human rights application regarding refusal to fund out-of-country medication dismissed for no reasonable prospect of success.
The applicant, an Ontario Disability Support Program recipient, alleged discrimination on the basis of disability after the respondent refused to reimburse him for the costs of obtaining a prescribed medication in the United States.
The medication was no longer manufactured or available in Canada.
Following a summary hearing, the Tribunal dismissed the application, finding no reasonable prospect of success because the applicant could not establish that the refusal to fund an unapproved, out-of-country medication was linked to his disability or constituted differential treatment under the Human Rights Code.
Julian Marshall v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, 2014 HRTO 1580