Institutionalization as a Form of Discrimination

  • September 6, 2016
  • BakerLaw

Bakerlaw recently helped our client, Audrey Cole settle her son’s case against the Ontario government. Her son Ian has developmental disabilities and requires extensive homecare support which exceeded the regulatory caps. Thankfully, Audrey was able to fund the additional care Ian required above the cap through donations and private insurance thus preventing him from needing to be institutionalized.

Last fall, the government, in response to this case, increased the regulatory caps. Based on this increase, the government tried to argue that our case was moot as Ian was no longer at risk of being institutionalized. We won the mootness challenge and the case continued.

This July, the hearing started and bakerlaw assisted Audrey in presenting her case to the Human Rights Tribunal of Ontario. We presented evidence demonstrating Ian’s need for homecare and the risk of him being institutionalized if he could not receive the care at his home.

Before the Respondent presented its case, the parties settled. You can learn more about the case in this Toronto Star article (link) and our earlier blog posts here (link).

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