Donna Salm v. Ontario (Community and Social Services), 2015 HRTO 520

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donna Salm 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

DECISION

Adjudicator: Jo-Anne Pickel Date: April 23, 2015 Citation: 2015 HRTO 520 Indexed as: Salm 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 an Interim Decision dated October 9, 2014, 2014 HRTO 1508, the complainant was directed to provide material and submissions if she wished to pursue the following claims in the complaint: osteoporosis and hypercholesterolemia. In the Interim Decision, the Tribunal set out specific questions to be addressed by the applicant to indicate why her claims in relation to the above conditions met the test for discrimination set out in the Tribunal’s special diet case law.

2The test for discrimination set out in the Tribunal’s special diet case law requires a complainant to show: (i) that he or she has a disability or disabilities; (ii) that there is general recognition in the Ontario medical community that modifications to a regular healthy diet should be made because of the disability or disabilities; (iii) that the diet leads to additional food costs as compared with a regular healthy diet for a person without the disability or disabilities; and (iv) that there is no funding for the additional costs or the funding is significantly disproportionate to the additional costs (up to a maximum of $250). See Ball v. Ontario (Community and Social Services), 2010 HRTO 360.

3The applicant filed a letter with the Tribunal on March 31, 2015, in which she provided some information in relation to the severity of her medical conditions. However, she did not provide any information that could reasonably establish that there is a general recognition in the Ontario medical community that modifications to a regular healthy diet should be made because of her medical conditions. Therefore, her claims with respect to osteoporosis and hypercholesterolemia are dismissed.

ORDER

4For the above reasons, the complainant’s remaining claims in her complaint in relation to osteoporosis and hypercholesterolemia are dismissed.