Human Rights Tribunal of Ontario
B E T W E E N:
Brian Ball and the Complainants Listed on Schedule “A” Complainants
-and-
Ontario Human Rights Commission Commission
-and-
Her Majesty the Queen in Right of Ontario as Represented by the Minister of Community and Social Services Respondent
INterim DECISION
Adjudicator: David A. Wright Date: April 17, 2008 Citation: 2008 HRTO 24 Indexed as: Ball v. Ontario (Community and Social Services)
Human Rights Tribunal of Ontario 400 University Avenue, 7th Floor Toronto ON M7A 1T7 Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca
APPEARANCES
Ontario Human Rights Commission ) Cathy Pike, Counsel
Her Majesty the Queen in Right of Ontario as ) Robert E. Charney, Represented by the Minister of Community ) Rochelle Fox and Social Services, Respondent ) Sophie Nunnelley and ) Bruce Ellis, Counsel
Brian Ball, Sandra Bayne, Lisa Belcourt, ) Cindy Wilkey and Linda Bell, Judy Bradshaw-Clark, Arlene Buklis, ) Mary Marrone, John Buklis, Ruth Butts, Rita Caissie, ) Counsel Debbie Carriere, Devon Connors by his litigation ) guardian John Connors, Drew Connors by his ) litigation guardian John Connors, John Connors, ) Cassandra Cook, John H. Costello, Diane Courville, ) Steven Cranstone by his litigation guardian ) Irene Cranstone, Doral Crocker, Gail Dupont, ) Laura Edison, Robert Fleming, Dona Glazewski, ) Petrona Gray, Anne Hampel, Elsie Hartwick, ) Donna Hird, Suzanne Hunchuk, Brenda Ibbotson, ) Mary Lawrence, Richard Locke, Judy Lutynski, ) Margaret Mahaney, Anne Marin, Robert Martel, ) Neil McNeil, Vanessa Molto, Angela Ninni, ) Rosalynn Pear, Sandra Penner, Jamie Petit, ) Jessica Pietrobon by her litigation guardian ) Rosemary Pietrobon, Colleen Remus, Shawn Ricker, ) Clara Romano, Amy Scrutton, Raymond Seguin, ) Doug Sizer, Wendy Smith-Reeve, Clarence Snow, ) Frances Stapley, Victor Tessier, Randy Tilling, ) Angela Vermeulen, Lorena Wray, Complainants )
Patricia Mary Frederick, Glenn V. Hedrich, ) Carl Symondson, Counsel Kristi Heyer, Lanny Hillier, Complainants )
Julie Sauve, Complainant ) Lesli Bisgould, Counsel
Diane LeFebvre, Complainant ) Georgina Watts, Counsel
Diane Castor, Complainant ) Anna Zachariah, Counsel
Gerald Hilborn, Sara Hormuz, Randy King, ) Debbie MacDonald, Carole Manke, Andrea Nelson, ) On their own behalf Etta Tursa, Patricia Ray, Gregory Yurke, ) Complainants )
John MacDonald, by his litigation guardian Debbie ) Debbie MacDonald, MacDonald ) Litigation Guardian
WRITTEN SUBMISSIONS BY
Suzanne Hunchuk, Deborah Wickham, ) On their own behalf Complainants )
INTRODUCTION
1This decision follows a Case Management Conference, which was held on Friday, April 11, 2008 in Toronto. It sets out the procedure the Tribunal proposes to follow in these 77 related complaints. Parties shall have until May 8, 2008, which is three weeks following the date of this decision, to make any written submissions regarding the Tribunal’s proposed order.
2For the reasons that follow, the Tribunal proposes to adopt the approach agreed to by all counsel, including representatives of 61 of the 77 complainants and the Ontario Human Rights Commission (the “Commission”). Under this “lead” or “test case” approach, two to six cases would be selected which would be heard together in early 2009. Following the Tribunal’s final decision on the lead cases, the Tribunal would convene a further case management conference, at which a procedure for resolution of the remaining complaints would be determined.
THE PARTIES’ SUBMISSIONS
3The lead case approach, and the timetable for various steps was proposed jointly by counsel on all sides as a fair, just and expeditious manner of resolving these complaints. Several self-represented complainants expressed their strong concern about this method of proceeding. They expressed frustration with the time that the process has taken to reach this stage and the period that that the proposal would require before a final decision. They conveyed their view that delay in these cases affects the health and lives of people who require funding for special diets that they are not receiving, and explained how the current regime has affected them.
4Various parties raised other issues before and during the case conference. Mr. Randy King noted that his complaint included other issues not related to the special diet allowance regime that, in