Relevant Issues: Child waited for ABA-IBI on a waitlist and aged out prior to receiving treatment.
Status: Motion was dismissed.
Relevant Issues: Child has aged out of a government ABA-IBI treatment program (at age 6).
Status: Ministry ordered to continue funding the IBI therapy past age 6.
Relevant Issues: Plaintiffs allege failure to fund or provide ABA for children over 5 years is discriminatory.
Status: Ministry ordered to continue to fund the children in the suit for ABA after the cutoff age.
Relevant Issues: Child has aged out of a government ABA-IBI treatment program (at age 6).
Status: Ministry ordered to continue funding the IBI therapy past age 6 until further order of the court, completion of treatment or other court decision completed.
Relevant Issues: Qualified ABA Special Needs Assistant being replaced by unqualified SEA.
Status: District ordered to maintain qualified ABA SEA with the child until the Judicial Review hearing.
Relevant Issues: Children’s charter rights 15(1) allegedly violated.
Status: Judge found gov’t violated s. 15 rights of the infant plaintiffs, and granted declaratory relief and damages for past and future IBI/ABA, subject to proof by each family.
Relevant Issues: Children have aged out of a government ABA-IBI treatment program (at age 6).
Status: Ministry ordered to continue to fund the children in the suit for ABA after the cutoff age. Injunction granted until trial decision in Wynberg.
Relevant Issues: Children’s charter rights 15(1) allegedly violated.
Status: Gov’t Appeal allowed; cross-appeal dismissed.
Relevant Issues: The litigation represents a further stage in the continuing efforts of the families and guardians of such children to obtain, through judicial intervention, assistance in providing for their needs.
Status: Judge concluded that plaintiffs have pleaded facts that, if proven, would be sufficient to establish, prima facie, violations of the rights guaranteed by section 15 (1) with respect to age discrimination in the provision of ABA, and disability discrimination relating to special needs, and education generally.
Relevant Issues: Appeal of the efforts of parents to obtain ABA/IBI in the schools for their children with autism.
Status: Appeal is dismissed; however, the Judge gave appellants leave to amend their claim in negligence against school boards regarding the operation of the programs. The claims as amended may be subject to further challenge.
Relevant Issues: Application for judicial review to challenge decision to discharge a child with autism from the Regional Autism Intervention Program.
Status: Application for a judicial review is dismissed.
Relevant Issues: Plaintiffs allege that gov’t failed to provide or fund ABA intervention (and other services as part of the educational system. Since there is no chance that this class action will succeed, plaintiffs seek an order from the court to discontinue the proceeding.
Status: Judge discontinues the class action suit.
Relevant Issues: Plaintiff challenges decision of EOK to deny child IBI funding and direct EOK to re-assess child’s eligibility.
Status: Judge provides orders for a divisional court to further pursue the issue.