demands to meet, such as a person who wants to get out of bed at 8:00 AM, but does
not need to get up at that time to meet employment or other obligations.
The CCAC or other agencies are expected to make every effort to meet a client’s
needs. However, it is not likely that HSARB or the Human Rights Tribunal of Ontario
(HRTO) will order a CCAC or agency to hire a new worker to meet the scheduling
preferences of a client. If the client can demonstrate that the scheduling demands relate
to specific disability related needs, the agency would have an obligation to respond
positively to the request. If no agreement can be reached through informal discussion,
formal mediation may provide the most effective means to resolve these types of
disputes. If a duty to accommodate can be made out, an application to the Human
Rights Tribunal of Ontario may be possible.
- Limits on Provision of Medical Supplies and Services
Other concerns raised by clients include rules or limitations on the amount or frequency
of some medical services, such as changing catheters or certain incontinence aids.
Where it can be shown that the client needs more services or more frequent services to
prevent health complications, the increased frequency of service should be considered
an accommodation for the individual’s precise disability related needs. An agency that
refuses to increase services as required would have to prove undue hardship to defend
against a human rights application based on the failure to accommodate the client’s
specific disability related needs.^35
VI. Responding to Client Concerns
While the ideal would be to ensure that every person with a physical disability received
reliable attendant services as required, under current circumstances the reality for many
people falls short of the ideal. Few people receive the support they require to perform all
(^35) See Barber v. South East Community Case Access Centre 2013 HRTO 60 (Canlii) for discussion of
related issues.