Three lead complainants alleged that the special diet allowance component of the Ontario Disability Support Program (ODSP) discriminated against them on the basis of disability.
The Tribunal established a four-part test to determine discrimination in the program: the claimant must have a disability, there must be general medical recognition that a special diet is required, the diet must lead to additional food costs, and the funding must be non-existent or significantly disproportionate to the costs.
The Tribunal found that the program discriminated against W. by failing to fund hypoproteinemia and underfunding hypertension and hypercholesterolemia.
S. was discriminated against due to underfunding for extreme obesity, and B. was discriminated against due to underfunding for hypercholesterolemia.
The Tribunal ordered the respondent to provide retroactive and ongoing benefits in accordance with the Code principles, but declined to award general damages or order a specific redesign of the program.
