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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.
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.