Carroll v. Ontario: One Father's HRTO Case Against the Autism Waitlist

Carroll v. Ontario: One Father's HRTO Case Against the Autism Waitlist

In 2025, I filed a Human Rights Tribunal of Ontario (HRTO) application (File No. 2025-62264-I) against the Government of Ontario, in the tribunal's disability services area. This post sets out the public-record background and explains how HRTO applications work.

Note: The proceeding is active. This post does not characterize the application's arguments or the remedies sought; those are matters for the Tribunal. Nothing here should be taken as legal advice.

Background

Our family has direct experience with the waitlist. During that wait, I began researching the public record on the government's obligations and on the program's own reported numbers.

The relevant public record includes:

1. The Ontario Human Rights Code prohibits discrimination in services based on disability
2. Canadian courts have recognized that government services must accommodate disabled people unless doing so causes undue hardship
3. Publicly available reports — including WHO guidance and published pediatric research — describe autism services in early childhood as time-critical
4. OAP registrations have grown from approximately 23,000 children at the April 2019 redesign to 91,974 as of May 13, 2026 — an increase of ~300% — while 71,263 (77.5%) still have no core funding agreement. Program spending did not keep pace over the same window: OAP actual spending was $608M in 2019-20 and $691M in 2023-24 (FAO, MCCSS Spending Plan Review, June 2024)

Whether those facts amount to discrimination on the basis of disability under the Ontario Human Rights Code is a question for the Tribunal. No further characterization is offered here.

Why HRTO?

The Human Rights Tribunal of Ontario is an independent adjudicative body. Applications are free to file, legal representation is not required (though recommended), and rulings can have broad systemic impact.

Previous HRTO decisions have led Ontario to change policies in areas including education, housing, and employment. What remedies, if any, follow from any particular application is a matter for the Tribunal to decide.

Legal Notice: This section contains the author's independent analysis of publicly known government policy positions. It does not constitute legal advice, does not disclose privileged communications, and is not intended to influence HRTO proceedings. Carroll v. Ontario (File 2025-62264-I) is an active matter — readers should consult independent legal counsel for case-specific guidance.

Case Status

The application was filed in 2025 with the Human Rights Tribunal of Ontario (File No. 2025-62264-I). The proceeding is active. No further characterization is offered here pending resolution. Updates will be posted as the process advances. For background on how HRTO proceedings work, visit the HRTO website.

Why This Matters for Families

Any outcome in Carroll v. Ontario is a matter for the Tribunal, and no prediction is offered here. What the process does do in the meantime is put publicly sourced evidence — FOI data, government reports, and WHO guidance — on the public record where waiting families can see it.

How to Follow the Case

Updates on Carroll v. Ontario are published on this site as they become available. The HRTO maintains a public docket but individual file access is restricted.

To be notified of case updates:

• Sign up for our email list
• Follow @endthewaitont on social media

If You Want to File Your Own HRTO Application

You have the right to file your own HRTO application. The process is accessible to self-represented individuals. ARCH Disability Law Centre provides free legal advice to assist.

Relevant information:

• HRTO filing: hrto.ca
• ARCH Disability Law: 416-482-8255 | archdisability.com
• Legal Aid Ontario: legalaid.on.ca
• Our legal rights guide: /legal-rights-autism-waitlist

This post reflects publicly available information about the filing. It does not set out the arguments made in the application. It is not legal advice. For legal guidance on your specific situation, contact a qualified lawyer or ARCH Disability Law Centre.

Sources: Human Rights Tribunal of Ontario, Ontario Human Rights Code, Ontario Autism Program data.