Tribunal finds special diet allowance program discriminates against individuals with chronic hepatitis C.
The complainants, who receive Ontario Disability Support Program benefits and have been diagnosed with chronic hepatitis C, alleged that the special diet allowance program discriminated against them on the basis of disability.
Applying the test from Ball v. Ontario, the Tribunal found that there is general recognition in the Ontario medical community that individuals with chronic hepatitis C require modifications to a regular healthy diet, specifically increased protein and energy.
The Tribunal concluded that the complainants established disability-based discrimination and ordered the respondent to provide retroactive and ongoing special diet allowances for chronic hepatitis C.
Martel v. Ontario (Community and Social Services), 2012 HRTO 735
