The applicant, a student with Autism Spectrum Disorder, sought an interim remedy requiring the respondent school board to allow him to attend school with his Autism Service Dog and to assign an Educational Assistant as the dog's handler.
The Tribunal found that while the application had merit, the balance of convenience did not favour granting the interim remedy.
The evidence indicated the applicant was making progress at school and his behaviour was successfully regulated without the dog, whereas introducing the dog and requiring the board to train and assign a handler would create a new state of affairs with potential adverse effects on others.
The request for an interim remedy was denied.