Ontario sought judicial review of an interim decision by the Human Rights Tribunal of Ontario finding that changes to the Ontario Autism Program (OAP) discriminated against a child with autism on the basis of disability.
The Divisional Court allowed the application and quashed the Tribunal's decision, finding it unreasonable.
The Court held that the Tribunal failed to provide a rational chain of analysis to support its conclusion that the child experienced adverse treatment based on her disability, as the OAP's funding caps were designed to address inequities and ensure all eligible children received some beneficial services.
The Court declined to remit the issue of disability discrimination back to the Tribunal, concluding that no rational analysis could lead to a finding of discrimination on these facts.
