The applicant, a child with severe autism, sought judicial review of a Special Education Tribunal decision affirming his placement in a Primary Autism Pilot Project rather than an Intensive Behavioural Intervention (IBI) program.
The applicant argued the Tribunal erred in finding the requested IBI program was medical treatment rather than education, and in failing to apply the Charter and Human Rights Code.
The Divisional Court dismissed the application, finding the Tribunal's decision was reasonable and supported by the evidence that the pilot project was appropriate for the applicant's needs.