Tamera Miller v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, 2011 HRTO 1384

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tamera Miller

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: July 25, 2011

Citation: 2011 HRTO 1384

Indexed as: Miller v. Ontario (Health and Long-Term Care)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging that the respondent discriminated against her with respect to services because of disability. More specifically, she alleges that the respondent refused her funding for in vitro fertilization treatments, although it provides funding in circumstances where infertility is caused by other biomedical conditions. The respondent denies the allegations of discrimination.

2In an earlier Interim Decision, 2010 HRTO 2414, the Tribunal invited submissions from the parties on the issue of whether this Application ought to be deferred pending the determination of a Lead Case (consolidated Tribunal files 2009-03239; 2009-03240; 2009-04071; 2009-4073) that raises substantially similar issues.

3On January 6, 2011, counsel for the applicant filed a Request for an Order During Proceedings (“Request”) seeking the deferral of this Application pending the determination of the Lead Case. The respondent has consented to the Request.

4The Request is granted. Consideration of this Application is deferred pending the determination of the Lead Case.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4, which outline the procedure by which a party may request that the Application proceed.