The applicant, a child with Autism Spectrum Disorder and Global Developmental Disability, filed a human rights application alleging discrimination after being discharged from an intensive behavioural intervention program.
The applicant brought a Request for Order During Proceedings to add the Children's Hospital of Eastern Ontario (CHEO) as a respondent, after learning from the Ministry of Children and Youth Services that CHEO was responsible for determining eligibility for the program.
Applying the Smyth test, the Tribunal granted the request, finding that CHEO might share responsibility for the alleged Code violations and that it would be fair to add them as a respondent.