Canadian Supreme Court Refuses To Hear Appeal In Autism Lawsuit

December 4, 2008

The country's top court has decided not to hear the case of a

group of parents who want their autistic children to receive

specialized therapies from Ontario school boards.

The Supreme Court released a ruling on Thursday in which it

declined to hear the appeal from the five families who are trying to

sue the Ontario government for discrimination against their children.

As is customary, the decision was released without explanation.

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

said Taline Sagharian, one of the parents involved in the suit in a

news release. Her 12-year-old son has autism.

" 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 families are suing the province and five school boards,

accusing them of discrimination for failing to provide their children

with the expensive therapies they require. They have argued that other

kids with special needs receive therapy along with their education

within the publicly funded school system.

Known as intensive behavioural intervention and applied

behaviour analysis, the therapies for the neurological condition that

causes developmental disability and behaviour problems can cost

between $30,000 to $80,000 a year for each child.

The families filed the $1.25-billion lawsuit in 2004, claiming

negligence and damages at the time.

In March 2007, Ontario Superior Court Justice Maurice Cullity

sided with the provincial government in striking down several of the

key claims, including negligence and damages. But he left the door

open for the discrimination claim.

In May, the Ontario Court of Appeal told the families that their

case would have to be drastically reworked for it to have any chance

of succeeding. The province's highest court said the lawsuit was

unclear, which " makes it difficult to know " what the parents want.

The families would meet with their lawyers in the " coming days

to determine next steps, " the release said.

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