HRTO Decision Stands after Leave to Appeal Refused: Denial of Guide Dog Benefit to HRLSC Client was Discriminatory
A leave to appeal has been denied by Ontario’s Court of Appeal, upholding a decision in the case of a Guide Dog Benefit requirement that was found to be discriminatory by the Human Rights Tribunal of Ontario (HRTO).
The HRLSC represented Destiny Robinson-Cooke before the HRTO after the Ontario Disability Support Program (ODSP) found she was ineligible for the Guide Dog Benefit, an additional benefit available to ODSP recipients who require the assistance of a service dog due to their disabilities.
Eligibility for the Guide Dog Benefit was dependent on having a dog that was trained by a facility accredited by ADI Dogs International. The applicant was not able to obtain a dog from such a facility that would meet her particular disability-related needs.
The HRLSC successfully argued before the HRTO that this requirement was discriminatory based on disability. This conclusion was upheld by the Divisional Court on judicial review.
See here for more on the HRTO Decision and the decision of the Divisional Court.
The Ministry of Children, Community and Social Services [MCCSS], the Ministry responsible for administering ODSP, filed for leave to appeal to the Ontario Court of Appeal. On February 28, 2025, the Court of Appeal ruled that leave to appeal was refused. As a result of this refusal, the decisions of the HRTO and Divisional Court stand and will not be subject to any further challenges from the MCCSS.