Mary Marrone

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.

The Human Rights Tribunal of Ontario issued an interim decision finalizing a procedural order to manage multiple complaints regarding the special diet allowance.

The order establishes a timetable for selecting lead cases, disclosing documents, identifying issues, and filing evidence and pleadings.

The Tribunal incorporated minor changes requested by the respondent and the clinic caseworkers representing the complainants.

The respondent's right to request a stay of proceedings due to concurrent litigation before the Social Benefits Tribunal was preserved.

The Human Rights Tribunal of Ontario held a case management conference to determine the procedure for 77 related complaints challenging the special diet allowance regime.

The Tribunal adopted a joint proposal by counsel to proceed with two to six lead cases to be heard together, finding it to be a fair, just, and expeditious manner of resolving the complex complaints.

The Tribunal also addressed privacy concerns by ordering that disclosure be exchanged only among parties to the lead cases and that lead complainants remain anonymous in public documents.