Pennell v. Ontario (Community and Social Services), 2014 HRTO 664

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephen Pennell 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: May 12, 2014 Citation: 2014 HRTO 664 Indexed as: Pennell 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 April 30, 2014 in support of his special diet claims with respect to gastroesophageal reflux disease; irritable bowel syndrome; unintended weight loss – IBS, fibromyalgia, malabsorption >10%; fibromyalgia; food allergies – lactose intolerance; and malabsorption. The Case Assessment Direction advised the complainant that a failure to provide this information would result in his claims with respect to these conditions being dismissed as abandoned.

2The complainant has not filed any materials nor communicated with the Tribunal in any manner with respect to the above conditions.

ORDER

3The claims set out in the complainant’s special diet complaint with respect to gastroesophageal reflux disease; irritable bowel syndrome; unintended weight loss – IBS, fibromyalgia, malabsorption >10%; fibromyalgia; food allergies – lactose intolerance; and malabsorption are dismissed as abandoned. This order does not affect the complainant’s claim with respect to cardiovascular disease.