Human Rights Tribunal of Ontario

Between:

Jason Lockwood Complainant

-and-

Ontario Human Rights Commission Commission

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services Respondent

Interim Decision

Adjudicator: Jo-Anne Pickel Date: July 29, 2014 Citation: 2014 HRTO 1117 Indexed as: Lockwood v. Ontario (Community and Social Services)

Decision

1The complaint alleged discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), in the special diet allowance provided under Ontario's social assistance system. In a Case Assessment Direction ("CAD") dated April 3, 2014, the complainant was directed to provide material and submissions by May 16, 2014 in support of the following claims in the complaint: schizophrenia and unintended weight loss - schizophrenia. In the CAD, the Tribunal set out specific questions to be addressed by the applicant to indicate why his claims in relation to the above conditions met the test for discrimination set out in the Tribunal's special diet caselaw. The CAD advised the complainant that if he did not provide these materials the above claims would be dismissed as abandoned.

2By Interim Decision, 2014 HRTO 663, the applicant's claims in relation to these conditions were mistakenly dismissed as abandoned before the expiry of the time period for submissions.

3In addition, the Tribunal has experienced address problems which affected the timely delivery of mail to the applicant. As a result, the Tribunal issued a follow-up CAD providing the applicant until June 30, 2014 to provide written materials in response to the Tribunal's initial CAD. The applicant filed a letter with the Tribunal on June 25, 2014 setting out the breakdown of his monthly expenses. The letter does not respond to the questions set out in the Tribunal's April 3, 2014 CAD.

Order

4For the above reasons, the complainant's claims in relation to schizophrenia and unintended weight loss - schizophrenia are dismissed. This Interim Decision does not affect the complainant's claim in relation to osteoporosis, which remains the subject of settlement discussions between the parties.