HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Suzanne Hunchuk
Complainant
-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
Indexed as: Hunchuk v. Ontario (Community and Social Services)
APPEARANCES
Suzanne Hunchuk, Applicant Self-represented
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, Respondent Daniel Guttman, Counsel
1This Application 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.
2The background and history of this complaint is summarized in Interim Decision, 2015 HRTO 280. In that Interim Decision, I dismissed the applicant’s complaint in relation to a number of medical conditions on the basis that it had no reasonable prospect of success in relation to these conditions. However, I permitted Ms. Hunchuk’s complaint in relation to fibromyalgia to proceed to a full merits hearing. I found that her complaint in relation to fibromyalgia had a reasonable prospect of success and should proceed to a merits hearing. I based this finding on the fact that Ms. Hunchuk had submitted two letters from her treating physician, both of which supported her claim that she met the legal test for special diet complaints set out in Ball v. Ontario (Community and Social Services), 2010 HRTO 360.
3Unfortunately, shortly after the release of my Interim Decision, Ms. Hunchuk advised that her treating physician would no longer be in a position to provide evidence in this case. Ms. Hunchuk indicated that she might be able to find another medical professional who was willing to provide evidence in this case on a pro bono basis. I provided Ms. Hunchuk the opportunity to locate another medical professional with the necessary expertise to address the medical evidence that her treating physician had been expected to provide. Unfortunately, Ms. Hunchuk has indicated that she has not been able to find a medical professional who was willing provide evidence in her case.
4In the absence of a medical professional who could provide evidence to satisfy the legal test set out in the Tribunal’s special diet case law, Ms. Hunchuk’s complaint in relation to fibromyalgia must be dismissed as having no reasonable prospect of success.
ORDER
5For the reasons set out above, Ms. Hunchuk’s complaint must be dismissed.
Dated at Toronto, this 27th day of May, 2016.
“Signed by”
Jo-Anne Pickel
Vice-chai