Families of autistic kids denied appeal by top court

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http://www.torontosun.com/news/canada/2008/12/04/7632796.html

Families of autistic kids denied appeal by top court

By THE CANADIAN PRESS

Last Updated: 4th December 2008, 2:11pm

OTTAWA — A group of families trying to sue the Ontario government and

school boards over treatment for children with autism won't get a

hearing from the country's top court.

In a decision released without comment Thursday, the Supreme Court of

Canada refused permission for the families to appeal earlier rulings

that put strict limits on their lawsuit.

In a release, the families said they were disappointed and would meet

with their lawyers in the " coming days to determine next steps. "

The five families say children with autism are suffering

discrimination because the province and school boards fail to provide

expensive therapies for the kids in public schools.

" Obviously, the court's decision today was a letdown for us, " Taline

Sagharian, whose 12-year-old son has autism, said in the

release.

" For almost a decade now, families of children with autism have

continued to face an impossible choice between prohibitively

expensive private autism programs and an unresponsive public school

system. "

" The need for change remains desperate. "

Ontario Superior Court threw out several of the key claims brought by

the families at a preliminary stage in 2007.

The provincial Court of Appeal ruled earlier this year that some of

the claims could proceed, but only after they are drastically

reworked.

At issue are claims of discrimination under the Charter of Rights, as

well as negligence and damage claims against the government and

school boards.