Edwards v. Ontario (Community and Social Services), 2014 HRTO 803

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terry Edwards 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: June 5, 2014 Citation: 2014 HRTO 803 Indexed as: Edwards 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.

Claim re. Diverticular Disease - Diverticulitis

2In 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 following claim in the complaint: diverticular disease - diverticulitis. The Case Assessment Direction advised that if the complainant did not provide these materials the claims with respect to this condition would be dismissed as abandoned.

3The complainant has not filed any materials nor communicated with the Tribunal in any manner about the claim with respect to the above condition. Accordingly, the claim in the complainant's complaint with respect to diverticular disease - diverticulitis is dismissed as abandoned.

Claims re. Extreme Obesity and Cardiovascular Disease

4Counsel for the Ontario Human Rights Commission have advised the Tribunal that it they are no longer assisting the complainant with the claims with respect to the following conditions:

• extreme obesity
• cardiovascular disease

5If the complainant wishes to pursue the claim in relation to these conditions, the complainant must do the following:

1. Prepare a letter that explains why the claims in relation to extreme obesity and cardiovascular disease 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. If the conditions are not on the special diet schedule, what evidence do you have to show that there is general recognition in the Ontario medical community that these modifications to a regular healthy diet should be made because of the conditions?

c. If the conditions are 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 conditions are 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 condition?

2. Obtain materials (for example, letters from health care professionals, medical literature) that the complainant will use to support the claims with respect to extreme obesity and cardiovascular disease.

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:

Robert Charney/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: robert.charney@ontario.ca

ORDER

6The claim in the complainant's complaint with respect to diverticular disease - diverticulitis is dismissed as abandoned.

7If the complainant wishes to pursue the claims with respect to extreme obesity and cardiovascular disease, the complainant must file the materials set out above by July 31, 2014. If the complainant does not do so, the complainant's claims with respect to extreme obesity and cardiovascular disease will be dismissed as abandoned.