The complainants alleged that Ontario discriminated against them on the basis of sex and disability by de-listing sex reassignment surgery as an insured service under OHIP.
The Tribunal found that Gender Identity Disorder is a disability and that the de-listing had a disproportionate adverse impact on three of the complainants who had already begun their transition program at the CAMH Gender Identity Clinic.
The Tribunal ordered Ontario to fund the surgery for these three complainants as an interim remedy, finding that the grandparenting provision in the amending regulation was not a reasonable accommodation.
