Human Rights Tribunal of Ontario Dismisses Application of Clara Robinson

Strategic Insights -

Clara Robinson, a patient with complex medical conditions, including Stage 4 elephantiasis lymphedema and morbid obesity, alleged that Sault Area Hospital discriminated against her by failing to provide her with a bariatric bed that meets her needs. The Human Rights Tribunal of Ontario has dismissed her application, citing that the Tribunal lacks jurisdiction to review the quality of clinical care provided in a medical setting.

Key Takeaways:

  • The applicant, Clara Robinson, alleged that Sault Area Hospital discriminated against her based on disability by failing to provide her with a bariatric bed that meets her needs.
  • The Tribunal found that the issue is a clinical decision and not within their jurisdiction to review.
  • The applicant has been provided with bariatric beds that meet best practice guidelines, but she requires a specific type of bed to manage her disabilities.
  • The applicant's own submissions include a letter from the hospital's physician Chief of Staff, stating that the hospital's bariatric beds meet best practice guidelines.
  • The Tribunal's jurisdiction does not include the authority to review the quality of clinical care provided in a medical setting, except where there are allegations of differential or adverse treatment due to a Code ground.
  • The applicant's submissions do not persuade the Tribunal that this Application is within their jurisdiction.
  • The Tribunal has consistently held that it does not have jurisdiction to review clinical decisions, even when those clinical decisions concern how to treat or address a patient's disability.
  • The applicant has not provided any reason to believe that the hospital's failure to provide her with the type of bariatric bed she seeks is due to her disability.
  • The Tribunal is not a venue to consider whether a hospital or clinician has provided medically appropriate care.

Statistics:

  • The applicant weighs approximately 400 pounds.
  • The applicant requires a 54" bariatric bed without an air mattress.
  • The hospital has provided the applicant with bariatric beds that meet best practice guidelines to accommodate patients with weights up to 1000 lbs.
  • The applicant has filed a Form 14 (Request to Expedite Proceedings) in the hope that the hospital will be ordered to provide her with the type of bed she is seeking.

Sources:

  • 2012 ONSC 3015, Iyirhiaro v. Human Rights Tribunal of Ontario and TTC
  • 2013 HRTO 230, Kline v. Ontario (Community Safety and Correctional Services)
  • 2014 HRTO 1044, Moshi v. Ontario (Ministry of Community Safety and Correctional Services)
  • 2014 HRTO 106, Bruce v. London Health Sciences Centre
  • 2007 SCC 4, McGill University Health Centre (Montreal General Hospital) v. Syndicat des employes de l'Hopital general de Montreal