Babineau v. Administrator of Social Services (Regional Municipality of Peel), (1995) 83 O.A.C. 316 (DC)

JudgeRosenberg, Feldman and Winkler, JJ.
CourtOntario Court of Justice General Division (Canada)
Case DateJune 27, 1995
JurisdictionOntario
Citations(1995), 83 O.A.C. 316 (DC)

Babineau v. Social Services Admin. (1995), 83 O.A.C. 316 (DC)

MLB headnote and full text

In The Matter Of the application of Section 2(4) of the Judicial Review Procedure Act, R.S.O. 1990, c. J-1;

In The Matter Of the application of Article 29 of the Magna Carta, 1297;

In The Matter Of the application of Articles I and II of Confirmation Cartarum, 1297;

In The Matter Of the application of Section 14(r) of the General Welfare Assistance Act, R.S.O. 1990, c. G-6;

In The Matter Of the application of Rule 1(1) "dental surgeon", Rule 1(1) "special services" (a) and (f), Rule 18(1), Rule 18(4)(8) and Rule 18(4)(10) of Regulation 537, R.R.O. 1990, made pursuant to the General Welfare Assistance Act, R.S.O. 1990, c. G-6;

In The Matter Of the application of Article I of the Bill of Rights, 1688.

Guy Babineau (applicant) v. The Administrator, Department of Social Services, The Regional Municipality of Peel (respondent)

(File No. 66/95)

Indexed As: Babineau v. Administrator of Social Services (Regional Municipality of Peel)

Ontario Court of Justice

General Division

Divisional Court

Rosenberg, Feldman and Winkler, JJ.

June 27, 1995.

Summary:

A welfare recipient applied for dental care under the provisions of the General Welfare Assistance Act. The Department of Social Services informed the recipient that certain emergency dental work was covered but that pre-approval was required. Therefore, an assessment of the required work was neces­sary. The recipient submitted that the De­part­ment was required to pay for all dental work and declined to obtain an assessment. The recipient applied to have the Depart­ment's decision quashed.

The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 5104

Judicial review - Certiorari - Conditions precedent - Requirement of decision or finality of decision - A welfare recipient required dental work - The recipient was informed that the Department of Social Services would pay for emergency type work - However, the work had to be pre-approved and an assessment of the cost was required - The recipient refused to have the assessment done unless the De­partment first agreed to pay the cost of the assessment and the work - Consequently, no assessment or request for pre-approval was submitted to the Department - The recipient applied for judicial review to quash the Department's decision - The Department submitted that the court lacked jurisdiction because there had never been a decision concerning payment of the recipient's dental work - The Ontario Divisional Court dismissed the application for judicial review.

Cases Noticed:

Service Employees International Union, Local 204 v. Broadway Manor Nursing Home et al. (1984), 5 O.A.C. 371; 48 O.R.(2d) 225 (C.A.), consd. [para. 2].

Karavos v. Toronto (City), [1948] 3 D.L.R. 294 (Ont. C.A.), consd. [para. 2].

Statutes Noticed:

General Welfare Assistance Act Regula­tions (Ont.), R.R.O. 1990, Reg. 537, rule 1(1)(a), rule 1(1)(f), rule 18(1), rule 18(4)(8), rule 18(4)(10) [para. 3].

Counsel:

Patrick O'Connor, for the respondent, Department of Social Services;

Rebecca Givens, for the Attorney General.

This application was heard on June 27, 1995, before Rosenberg, Feldman and Winkler, JJ., of the Ontario Divisional Court.

On June 27, 1995, the decision of the court was delivered orally by Rosenberg, J., with written reasons released on July 4, 1995.

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