Toronto Star, 28/06/2003

In Canada a six-year-old Ontario boy has won a court decision requiring the provincial government to continue funding his treatment for autism.

Andrew Lowrey, of Orillia, was diagnosed autistic when he was four.The Ontario government funds intensive behavioural intervention therapy for autistic children at a cost of about canadian$50,000 per child per year. However, the funding ends when the child turns six.
Andrew's parents, David and Maureen Lowrey, challenged the funding cut-off as age-discriminatory and contrary to the Canadian Charter of Rights and Freedoms.

On April 11, Justice Arthur Gans of the Superior Court of Justice granted a temporary injunction compelling the government to continue funding the boy's therapy even though he had reached six years of age. The injunction was to remain in place until Andrew's lawsuit was decided on its merits or until the judgments in similar cases were released later this year.

Justice George Lane dismissed the government's appeal of that decision on May 28.

"Our family is ecstatic, overjoyed and relieved," David Lowrey said in a press release. "Many autistic children can be cured of autism, if they get IBI treatment early enough and long enough. Andrew was late entering IBI therapy, but his progress was truly exceptional and his prognosis is excellent."

"This is a great decision for Andrew, and for other autistic children," said Patrick Lassaline, one of several lawyers representing Andrew in his legal challenge.

This may be the last legal challenge for the boy, said the lawyer who argued Andrew's motion before Lane.

"Similar cases are currently being heard in the Ontario Superior Court of Justice and decisions may be rendered later this year. The outcome in those cases will likely determine the law on a final basis, subject to any appeals," said Robert Durante. "Although those decisions will impact Andrew's case, hopefully Andrew's IBI treatment will have run its intended therapeutic course by that time."