In Robinson-Cooke v. Ontario (Community and Social Services), 2023 HRTO 1133, the Human Rights Tribunal of Ontario (HRTO) upheld the application of an HRLSC client, an ODSP recipient who had a number of physical and mental disabilities.
The applicant required the support of a service dog to be able to live independently, but she was denied an additional benefit provided by ODSP intended to cover the costs of feeding and maintaining a service dog [the Guide Dog Benefit] because her dog was not trained by a facility accredited by Assistance Dogs International [ADI]. The HRTO found this was discriminatory as she could not meet this requirement due to the specific nature of her disability-related needs, for which she could not obtain a dog with ADI certification. See here for more on the HRTO’s decision.
The Ministry of Children, Community and Social Services [MCCS] filed an application for judicial review of the HRTO decision. The HRLSC represented the applicant before the Divisional Court on the judicial review.
The Divisional Court dismissed the judicial review: Ontario (Minister of Children, Community and Social Services) v. Robinson-Cooke, 2024 ONSC 3556. The Court found that HRTO had applied the correct legal tests, properly assessed the evidence and came to a conclusion on the issue of discrimination that was reasonable in the circumstances. The Court also found that the remedies ordered by the HRTO, which required MCSS to conduct a review into developing a more inclusive method of determining eligibility for the Guide Dog Benefit, were reasonable and well within the scope of the HRTO’s broad remedial jurisdiction.
The MCCS has filed an application for leave to appeal of the Divisional Court’s decision. If leave is granted, an appeal hearing will be held before the Court of Appeal.