Smart v. Ontario (Community and Social Services), 2014 HRTO 1125

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ann Smart

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 1125 Indexed as: Smart 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. In a Case Assessment Direction dated April 3, 2014, the complainant was directed to provide material and submissions by May 16, 2014, in support of the claims in relation to chronic constipation, anemia, unintended weight loss – anorexia and dysphagia. The Case Assessment Direction advised the complainant that if she did not provide these materials the claim would be dismissed as abandoned.

2The complainant has not filed any materials nor communicated with the Tribunal in any manner about the above claims.

ORDER

3The complainant's claims iin relation to chronic constipation, anemia, unintended weight loss – anorexia and dysphagia are dismissed as abandoned. This Interim Decision does not affect the complainant's claims in relation to diabetes and hypertension which remain the subject of settlement discussions between the parties.