HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marwan El Jamal

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: May 20, 2010

Citation: 2010 HRTO 1136

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

[1] The 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 Ontario’s social assistance programs.

[2] A large number of complaints and Applications related to the special diet allowance have been referred to the Tribunal by the Ontario Human Rights Commission under the old Code and filed with the Tribunal pursuant to s. 34 of the Code. The Tribunal has adopted a “lead case” approach under which several of the Commission-referred complaints were heard in advance of the others. The Decision on the lead cases has been made: see Ball v. Ontario (Community and Social Services), 2010 HRTO 360. Orders setting out the next steps in the remaining cases were made in Ball v. Ontario (Community and Social Services), 2010 HRTO 876. The respondent requests that this Application be treated in accordance with this procedure.

[3] Unless there are compelling reasons not to do so, the Tribunal intends to treat any new Applications relating to the special diet allowance in accordance with the procedure being followed in the other cases. Accordingly, the Registrar is directed to send a copy of the Application and this Interim Decision to counsel for the lead complainants, Cindy Wilkey and Lesli Bisgould, and to counsel for the Ontario Human Rights Commission, Cathy Pike. Unless directed otherwise, this Application shall be included in the lists to be prepared pursuant to para. 2 (4) of the April 22, 2010 Interim Decision and the applicant may participate in and shall be given notice of the case conference on July 13, 2010.

[4] Should the applicant wish to make any submissions with regard to the procedure to be applied in this case, he may do so by writing to the Registrar, with a copy to the respondent, within two weeks of the date of this Interim Decision. If no submissions are received, the above procedure shall apply.

Dated at Toronto, this 20^th^ day of May, 2010.

“Signed by”

David A. Wright

Interim Chair