Transit authority's decision requiring disabled user to provide personal care assistant quashed as unreasonable barrier.
The applicant, a person with disabilities, had used specialized transit services unconditionally for 8 years.
The respondent reviewed his eligibility and changed it to conditional, requiring him to use conventional transit for part of his trip accompanied by a personal care assistant at his own expense.
The applicant sought judicial review.
The Divisional Court found the decision unreasonable as it erected a barrier rather than removing one, contrary to the purpose of the Accessibility for Ontarians with Disabilities Act.
The decision was quashed and the applicant's unconditional eligibility was restored.
ODCDivisional CourtApr 12, 2022