Butcher v. Ontario (Health and Long Term Care), 2012 HRTO 1122

Human Rights Tribunal of Ontario

B E T W E E N:

Judith Butcher 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: Judith Keene Date: June 7, 2012 Citation: 2012 HRTO 1122 Indexed as: Butcher v. Ontario (Health and Long Term Care)

1The applicant filed an Application on February 2, 2011, pursuant to section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 (“the Code”), as amended. The substance of the Application is the applicant's claim that she has been denied Ontario Health Insurance funding for a medical procedure available to some people within Ontario. Specifically, the applicant asserts that she has been denied angioplasty for compromised blood flow in the neck veins because of her disability, multiple sclerosis.

2In a previous Interim Decision, 2011 HRTO 1335, the Tribunal deferred this Application pending the conclusion of an appeal before the Ontario Health Services Appeal and Review Board (HSARB). That proceeding has now concluded, and the HSARB has issued a written decision dated April 19, 2012. The decision of the HSARB specifically acknowledges the existence of this Application. The HSARB stated that it did not consider the application of the Code to the appeal before it “because of the Appellant's concurrent human rights complaint”.

3The applicant has now filed a Request to proceed under Rule 14.3. The respondent has made no submissions, and the time for doing so has elapsed.

4In the circumstances, the request to proceed is appropriate and is granted.

5The parties will be offered the usual opportunity for mediation.

6I am not seized of this matter.