Kari L. Lawson v. Ministry of Community and Social Services, 2008 HRTO 59

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kari L. Lawson

Applicant

-and-

Ministry of Community and Social Services

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: August 25, 2008

Citation: 2008 HRTO 59

Indexed as: Lawson v. Ontario (Community and Social Services)

Human Rights Tribunal of Ontario 655 Bay Street, 14^th^ Floor Toronto ON M7A 2A3 Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

WRITTEN SUBMISSIONS BY

Kari L. Lawson, Applicant ) On her own behalf

1The applicant, Kari Lawson, filed an application with the Tribunal on July 23, 2008, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The application relates to the “special diet allowance” under the Ontario Disability Support Program. Seventy-seven related complaints were referred to the Tribunal by the Ontario Human Rights Commission on January 29, 2008, under the old Code. In the referred cases, the Tribunal has adopted a “lead case” approach under which several of the referred cases are being heard in advance of the others: see Ball v. Ontario (Community and Social Services), 2008 HRTO 24 and Ball v. Ontario (Community and Social Services), 2008 HRTO 29.

2In her application, the applicant requests that the scheduling of the hearing before the Tribunal be held off until the lead special diet cases are heard. She also indicates that she has filed an appeal of the decision to reduce her special diet allowance which is before the Social Benefits Tribunal (“SBT”). On July 30, 2008, the Tribunal issued a “Notice of Intent to Defer” under Rule 14 of the Tribunal’s Rules of Practice. The parties were invited to, but did not make any submissions.

3In light of the ongoing proceedings before this Tribunal in the related Commission-referred complaints, the Tribunal will suspend all requirements for further steps in this matter, including for a response, until after the lead cases are decided. The SBT process and its effect on this proceeding may be considered at that time.

4The Registrar is directed to send the parties a copy of any decisions in the lead cases when they are released. Within 60 days of the final decision in the lead cases, the applicant shall advise the Tribunal of how she wishes to proceed, and if she does not do so, the respondent may ask that the application be dismissed. I am not seized of this matter.