The applicant sought judicial review of a Human Rights Tribunal decision finding that the respondent was discriminated against due to the lack of a special diet allowance for hypoproteinemia under the Ontario Disability Support Program.
The Divisional Court reviewed the Tribunal's decision on a reasonableness standard.
The Court found that there was no evidence before the Tribunal to support its finding that eating additional protein from food sources is generally recognized in the Ontario medical community as an appropriate treatment for hypoproteinemia.
Consequently, the Tribunal's decision was deemed unreasonable and quashed regarding the respondent's claim for a special diet allowance for elevated protein requirements.
