The applicants filed human rights applications in 2009 alleging discrimination based on disability and sex regarding the refusal of public funding for in vitro fertilization (IVF) under O. Reg. 552.
In 2014, the parties settled the monetary claims, preserving the applicants' standing to seek non-monetary remedies.
In 2015, the impugned regulation was repealed and replaced with a new Fertility Program outside of OHIP.
The respondent moved to dismiss the 2009 applications for mootness.
The Tribunal found that while the applicants may have a live controversy regarding the new program, the amendments required to challenge it would constitute a new application.
The Tribunal concluded that the repeal of the 2009 regulation and the monetary settlement extinguished the live controversy of the original applications.
The Tribunal declined to exercise its discretion to hear the moot applications, dismissing them and noting that challenges to the new program must be brought in a new application.
