Katharine Renison

The applicant, who has complex health problems, alleged discrimination on the basis of disability regarding the provision and eventual termination of home care services by the SECCAC and the respondent Ministries.

The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.

The Tribunal dismissed the claims against the Ministries, finding no Code requirement for government benefit programs to be perfectly tailored to individual needs.

The Tribunal also dismissed most claims against the SECCAC regarding the quality of care and failure to accommodate, as disagreements over medical care do not constitute discrimination.

However, the Tribunal allowed the allegation that the termination of services was discriminatory to proceed, as it required evidence to determine if the complexity of the applicant's disability was a factor in the service providers' refusal to work.

The Human Rights Tribunal of Ontario issued an interim decision granting ARCH Disability Law Centre leave to intervene in the proceeding.

The Tribunal also set a schedule for submissions regarding the applicant's request to appoint Sheila Barber as litigation guardian, noting the respondent's intention to argue a conflict of interest.

During a case management conference call in a human rights application, the respondent raised a preliminary issue regarding whether the applicant's litigation guardian, who holds powers of attorney for personal care and property, should be removed due to an alleged conflict of interest.

The Tribunal issued an interim decision directing the applicant to file the relevant Power of Attorney and scheduling a teleconference hearing to determine whether the Tribunal has jurisdiction to remove a litigation guardian under the Substitute Decisions Act.