The applicants, children attending private faith-based schools, challenged Ontario's failure to provide them with special education benefits available in public schools.
They argued this exclusion violated their freedom of religion and equality rights under the Charter.
The Divisional Court dismissed the application, finding that the Supreme Court's decision in Adler v. Ontario foreclosed the freedom of religion claim.
The court also held that the challenged regulation, O. Reg. 386/99, which provides some health services to private school students, is an ameliorative program under s. 15(2) of the Charter and does not discriminate on the basis of disability.
A secondary claim seeking language therapy under the regulation was also dismissed, with the court finding a rational basis for the province's distinction between speech and language disorders.
