Ilha v. Ontario (Health and Long-Term Care), 2014 HRTO 1197

Human Rights Tribunal of Ontario

B E T W E E N:

Ana Ilha
Applicant

-and-

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

AND B E T W E E N:

Amir Attaran
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: Paul Aterman
Date: August 8, 2014
Citation: 2014 HRTO 1197
Indexed as: Ilha v. Ontario (Health and Long-Term Care)

Written Submissions

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

Zachary Green, Counsel

1The applicants filed Applications 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 them with respect to services because of disability and sex. More specifically, they allege that the respondent has discriminated against them by refusing them funding for in vitro fertilization treatments, although funding for this treatment is provided in other circumstances of infertility. The respondent denies the allegations of discrimination.

2In Interim Decision 2010 HRTO 2402 the Tribunal consolidated these Applications, along with two others, for the purposes of dealing with them as a Lead Case. The reason for this was that the Tribunal had received other applications raising the same or similar issues. The two Applications that were consolidated with the present ones have since been resolved.

3A further two Applications raising similar issues have been deferred pending the resolution of the Lead Case.

4The Applications in the Lead Case are scheduled to be heard in November of 2014 and the parties have exchanged some of the expert witness statements that will be at the core of any adjudication of these Applications.

5However, since the hearing dates were set, the Government of Ontario has announced a policy change regarding the funding of in vitro fertilisation. In order to determine how to implement this change the respondent has constituted an expert advisory panel to provide advice on the clinical parameters for the future delivery of this service. The applicant Professor Attaran and an expert whom he had intended to call as a witness at the hearing have both been invited to participate in the advisory process.

6The parties jointly request an adjournment of the hearing dates. They are of the view that it is likely that the implementation of the policy change through the process outlined above will result in a settlement of the Applications. In order to allow the process of providing expert advice to run its course they propose that the Tribunal schedule a case management teleconference in July of 2015. At that time it will be clear whether a settlement will be reached or hearing dates need to be scheduled.

7The Tribunal grants adjournments only in exceptional circumstances. Ordinarily it will not grant an adjournment for the purpose of enabling parties to pursue settlement discussions (see the Tribunal's Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments). In the particular circumstances of this case it is appropriate to grant the adjournment. The issues in this case deal with an approach to providing a government service that affects not only these particular applicants, but others as well. The respondent's willingness to consider the applicants' perspective in formulating a new policy is a preferable alternative to litigating these issues. While this may not necessarily result in a settlement, the parties agree that the prospects of resolution are positive. For these reasons I consider that there are exceptional circumstances that justify granting the adjournment.

Order

8On consent, the request for an adjournment is granted. The Registrar is requested to cancel the scheduled November 2014 hearing dates and to schedule a case management teleconference in July of 2015.