Whitney Smith

The applicant, who is paralyzed, alleged discrimination on the basis of disability and age because the respondent Ministry of Health and Long Term Care does not fund non-emergency transportation to medical appointments.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that because the respondent does not provide non-emergency transportation services to anyone in the province, the failure to provide it to the applicant could not constitute discrimination under the Human Rights Code.

The application was dismissed as having no reasonable prospect of success.

The respondent requested an adjournment of the hearing scheduled for April 6 and 7, 2016, due to a serious family emergency involving its senior counsel.

The applicant opposed the request, arguing that the senior counsel was not the counsel of record and seeking costs.

The Tribunal granted the adjournment, finding that the family emergency constituted extraordinary circumstances under its Practice Direction, and declined to sanction the respondent.