Bigras v. Ontario (Community and Social Services), 2010 HRTO 1991

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michel Bigras

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: September 29, 2010

Citation: 2010 HRTO 1991

Indexed as: Bigras 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 Ontario's social assistance programs.

2A 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.

3Unless 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, a copy of the Application and this Interim Decision shall be sent to counsel for the respondent, Sophie Nunnelley; 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 prepared pursuant to para. 2 (4) of the April 22, 2010 Interim Decision.

4Should the parties wish to make any submissions with regard to the procedure to be applied in this case, they may do so by writing to the registrar, with a copy to the other party, within two weeks of the date of this Interim Decision. If no submissions are received, the above procedure shall apply.