Miller v. Centre for Independent Living Toronto (C.I.L.T.) Inc., 2014 HRTO 1674

Human Rights Tribunal of Ontario

B E T W E E N:

Linda Miller, as represented by her Litigation Guardian, Wayne Miller

Applicant

-and-

Centre for Independent Living Toronto (C.I.L.T.) Inc. and Her Majesty the Queen in right of Ontario, as represented by the Minister of Health and Long-Term Care

Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: November 19, 2014 Citation: 2014 HRTO 1674 Indexed as: Miller v. Centre for Independent Living Toronto (C.I.L.T.) Inc.

WRITTEN SUBMISSIONS

Linda Miller, as represented by her Litigation Guardian Wayne Miller, Applicant Megan Evans Maxwell, Counsel

Centre for Independent Living Toronto (C.I.L.T.) Inc., Respondent Martin Smith, Counsel

HMQ in Right of Ontario as represented by the Minister of Health and Long-Term Care, Respondent Bella Fox, Counsel

1This Interim Decision addresses the applicant’s request to amend the Application.

2By Request for Order During Proceedings (“RFOP”) dated October 17, 2014, the applicant sought to amend the Application by: (a) adding Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care (“Ontario”) as a respondent to the Application; and (b) adding allegations challenging the eligibility critera of the Direct Funding program on the ground of disability.

3Ontario consents to being added as a respondent on the sole issue of the Direct Funding Program criteria, but submits it is not a proper respondent to the application of the criteria to the applicant by the respondent C.I.L.T.

4The applicant seeks to amend the Application to challenge the elgibility criteria of the Direct Funding Program as excluding persons whose disabilities include cognitive limitations. In light of Ontario’s consent to this amendment, the applicant’s request is granted.

Order

5The applicant’s request to amend the Application is granted.

6The applicant may file an Amended Application by December 18, 2014.

7Ontario’s Response to the amended Application is due January 16, 2015.