Marin v. Ontario (Community and Social Services), 2014 HRTO 1119

Human Rights Tribunal of Ontario

B E T W E E N:

Anne Marin

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 1119

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

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.

Claims in Relation to Conditions Set Out in Prior CADs

2In 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: bipolar disorder, food allergies - antibiotics, multiple chemical sensitivity, and pseudo-Cushing's syndrome. The CAD advised the complainant that if she did not provide these materials the above claims would be dismissed as abandoned.

3Since the complainant did not file any materials nor communicate with the Tribunal about the above claims by May 16, 2014, her claims with respect to the above conditions were dismissed by Interim Decision, 2014 HRTO 658.

4However, after issuing this Interim Decision, the Tribunal's April 3, 2014 CAD was returned as undeliverable. The Tribunal was also informed by the Renfrew County Legal Clinic that it was no longer retained to represent the applicant.

5As a result, the Tribunal issued a follow-up CAD providing the applicant with an extension until June 30, 2014, to respond to the April 3, 2014 CAD. The applicant has not responded to the CADs nor has she communicated with the Tribunal regarding her claims in relation to the conditions covered by the CADs. For these reasons, her claims in relation to bipolar disorder, food allergies - antibiotics, multiple chemical sensitivity, and pseudo-Cushing's syndrome are dismissed as abandoned.

Claims in Relation to Food Allergies

6Until May 2014, the complainant was represented by the Renfrew County Legal Clinic. The Clinic was in settlement discussions with the respondent regarding the complainant's claims in relation to food allergies – milk and wheat. Since the Clinic is no longer representing the complainant, if the complainant wishes to pursue the claims in relation to food allergies – milk and wheat, she must do the following:

1. Prepare a letter that explains why the claims in relation to food allergies – milk and wheat fit within the test set out in the Tribunal's special diet case law by answering the following questions:

a. What are the modifications to a regular health diet required by the conditions?

b. Under the test for discrimination set out in the Tribunal's special diet case law, it is necessary to show that there is a general recognition in the Ontario medical community that modifications to a regular healthy diet are required to treat the medical conditions for which the complaint is claiming a special diet allowance. What evidence do you have to show that there is general recognition in the Ontario medical community that the modifications to a regular healthy diet should be made because of the conditions?

c. If the condition is not on the special diet schedule, on what basis do you allege, and what evidence will you use to show, that this modified diet leads to extra food costs as compared with a regular healthy diet for a person without the conditions?

d. If the condition is on the special diet schedule and you allege that the funding provided is significantly below the additional costs of the required modified diet, explain the basis of this claim and the evidence you will use to support it.

e. Does the complainant already receive special diet funding for the required dietary modifications due to an overlapping conditions?

(2) Obtain materials (for example, letters from health care professionals, medical literature) that the complainant will use to support the food allergy-mil and wheat claims in the complaint.

(3) Send the letter and a copy of the materials referred to above to the Tribunal's Registrar-Transition:

Registrar-Transition Human Rights Tribunal of Ontario 655 Bay St., 14th Floor Toronto, Ontario M7A 2A3 Fax: 416-314-8743 E-mail: hrto.registrar-transition@ontario.ca

and to counsel for the respondent:

Dan Guttman Ministry of the Attorney General Constitutional Law Branch 720 Bay Street, 4th Floor Toronto, Ontario M7A 2S9 Fax: 416-326-4015 E-mail: daniel.guttman@ontario.ca

7If the complainant does not provide the materials directed in the previous paragraph by September 12, 2014, the complainant's claims with respect to food allergies – wheat and milk will be dismissed as abandoned.

ORDER

8For the above reasons, the complainant's claims in relation to bipolar disorder, food allergies - antibiotics, multiple chemical sensitivity, and pseudo-Cushing's syndrome are dismissed as abandoned.

9If the applicant wishes to pursue her claims in relation to food allergies-mil and wheat, she must file the materials described in para. 6 above by September 12, 2014. If she does not do so, her claims with respect to food allergies-milk and wheat will be dismissed as abandoned.