The applicant, a child with autism and secondary disabilities, alleged discrimination in the provision of services after being discharged from an intensive behavioural intervention program.
The respondents, Kinark Child and Family Services and the Ministry of Children and Youth Services, requested a summary hearing to dismiss the application for having no reasonable prospect of success.
The Tribunal dismissed the application against the Ministry, finding no allegations of specific acts that disadvantaged the applicant on the basis of disability.
However, the Tribunal denied Kinark's request to dismiss, as the applicant alleged the testing used for discharge failed to accommodate her secondary disabilities, which required a hearing on the merits to resolve.
