The applicants, children with disabilities attending a private school, alleged discrimination on the basis of disability because they did not receive certain educational supports funded by the respondents.
The respondents requested dismissal of the application, arguing it had no reasonable prospect of success given the Divisional Court's decision in Cooper v. Ontario, which held that O. Reg. 386/99 is not discriminatory.
The Tribunal agreed, finding it was bound by the Divisional Court's determination that the regulation does not discriminate on the basis of disability.
The application was dismissed.
