Developmental Services Waitlist Class Action Versus Ontario Government Achieves Certification

Belobaba J. recently certified a proposed class action against the Ontario government over the operation and administration of a provincial social assistance program for developmentally disabled persons. The decision is noteworthy in that the Court certified a fairly novel claim against the Ontario government under section 7 of the Canadian Charter of Rights and Freedoms.

The decision demonstrates the benefit, from the plaintiff's point of view, of advancing relatively narrow claims and common issues on a certification motion.

Brief Facts

With the enactment of the Services and Supports to Promote the Inclusion of Persons with Developmental Disabilities Act, 2008 ("the 2008 Disabilities Act"), developmentally disabled persons who turn 18, must apply to the Ministry of Community and Social Services  in order to receive government funded support and services. Once assessed and approved, applicants are placed on a waitlist without an estimate as to how long they must