Kennedy v. Ontario (Community and Social Services), 2009 HRTO 202

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Suzanne Kennedy Applicant

-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: February 25, 2009 Citation: 2009 HRTO 202 Indexed as: Kennedy v. Ontario (Community and Social Services)

1The applicant filed an Application with the Tribunal pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“Code”), relating to the “special diet allowance” under the Ontario Disability Support Program. In her Application, she asks that it be deferred pending an appeal to the Social Benefits Tribunal. The Application has not yet been delivered to the respondent.

2Over one hundred complaints related to the special diet allowance have been referred to the Tribunal by the Ontario Human Rights Commission under the old Code. This application appears to be based on similar issues. In the referred cases, the Tribunal has adopted a “lead case” approach under which several of the Commission-referred complaints are being heard in advance of the others: see Ball v. Ontario (Community and Social Services), 2008 HRTO 24 (“Ball #2”); Ball v. Ontario (Community and Social Services), 2008 HRTO 29; Ball v. Ontario (Community and Social Services), 2008 HRTO 72; Ball v. Ontario (Community and Social Services), 2008 HRTO 207; Ball v. Ontario (Community and Social Services), 2008 HRTO 420.

3In other applications on the same issue, the Tribunal has suspended the requirements for further steps until a final decision is issued in the lead cases: see, for example, Lawson v. Ontario (Community and Social Services), 2008 HRTO 59; Cloutier v. Ontario (Community and Social Services), 2008 HRTO 78; Zottarelli v. Ontario (Community and Social Services), 2008 HRTO 186 and Pilon v. Ontario (Community and Social Services), 2008 HRTO 380.

4Unless there are compelling reasons not to do so, the Tribunal intends to apply a similar procedure to any new Applications relating to the special diet allowance as has been applied to the Commission-referred complaints already before the Tribunal, for the reasons set out in Ball #2. No further steps in the Application will be required until the final decision in the lead cases. The Registrar is directed to send the applicant all future decisions in the lead cases. 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.

5The Registrar is requested to deliver the Application to the respondent with this decision. Should either party wish to make any submissions with regard to the procedure to be applied in this case, it may do so by writing to the Registrar by March 11, 2009. If no submissions are received, the above procedure shall apply.