Laura Hunter

Three ODSP recipients appealed the Social Benefits Tribunal's decision denying them medical travel benefits to attend a therapeutic aquafitness program for severe mental illness.

The Tribunal had found the program was not a 'medical treatment' and questioned why alternative funding or programs were not used.

The Divisional Court allowed the appeals, holding that the Tribunal erred in law by failing to apply a purposive interpretation to the ODSPA.

The Court found the medically prescribed, psychiatrist-supervised aquafitness program constituted 'medical treatment' and that the regulation does not require applicants to prove no alternative programs or funding sources exist.

The applicant, an automobile mechanic with a mental health disability, alleged discrimination and harassment by his employer, including a poisoned work environment related to his workers' compensation claims.

Following a verbal altercation on June 11, 2007, the employer's owner made a discriminatory slur and gesture regarding the applicant's mental health and forcibly escorted him off the property.

The Tribunal found that the employer's conduct on June 11 violated the applicant's right to be free from discrimination under the Human Rights Code.

However, the Tribunal concluded that the employer's actions did not cause the applicant's subsequent inability to maintain employment, as he was already incapable of continuing work due to his underlying medical issues.

The Tribunal awarded the applicant $10,000 for injury to dignity, feelings, and self-respect.