Regional News
June 07, 2008 12:07 AM
By: Michael Power
Parents of autistic children suing the province and seven school boards are taking their struggle to the highest court in the land.
The families involved in the suit filed a class action lawsuit in 2004 against the Ministry of Education, Ministry of Children and Youth Services and the school boards, who, they claim, are not providing specialized treatment for their autistic children.
The suit sought damages for the families, who have paid large sums of money to cover the cost of the treatment themselves.
The treatment, known as Intensive Behavioral Intervention, can cost between $30,000 to $80,000 per year.
In March 2007, the Superior Court of Justice struck out portions of the claim. In response, the families then appeared in a Toronto courtroom Feb. 11 before a three-judge panel to press for the suit to continue.
That court decided last month the families could proceed with some amended parts of the case, though not all parts.
The decision led them to appeal to the Supreme Court of Canada, said Richmond Hill’s Taline Sagharian, one of the plaintiffs in the suit.
“We’re working on the details as to what the grounds will be,” said Ms Sagharian.
She and her husband, Harout, whose son Christopher is autistic, sold their house to pay for specialized autism treatment. They now live on a property half the size.
They have depleted their savings as well as education funds for Christopher and their daughter Natalie, who is nine.
The families are hoping their case before the Supreme Court, if it’s allowed to be heard, will give them the right to compensation.
To win the right to appeal, the plaintiffs must convince the Supreme Court their case is of national importance, said Faisal Bhabha, a lawyer working for the families.
That’s no easy feat, Mr. Bhabha said, noting the court only agrees to hear a small number of appeals.