Director of Income Maintenance (Ont.) v. Conway et al., (1990) 44 O.A.C. 332 (DC)

• Judge: O'Brien, Hartt and Rosenburg, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: December 12, 1990
• Jurisdiction: Ontario
• Citations: (1990), 44 O.A.C. 332 (DC)

Income Maintenance Dir. v. Conway (1990), 44 O.A.C. 332 (DC)

MLB headnote and full text

The Director of the Income Maintenance Branch of the Ministry of Community and Social Services (applicant) v. Nancy Jacqueline Conway and Social Assistance Review Board (respondents)

(No. 547/89)

Indexed As: Director of Income Maintenance (Ont.) v. Conway et al.

Ontario Court of Justice

General Division

Divisional Court

O'Brien, Hartt and Rosenburg, JJ.

December 12, 1990.

Summary:

The Director of Income Maintenance reduced Conway's monthly family benefits allowance. She appealed. The Social Assistance Review Board allowed the appeal. The Director applied for judicial review to set aside the Board's decision.

The Ontario Court of Justice (General Division), Divisional Court, dismissed the application.

Social Assistance - Topic 984

Claims - Appeals - Jurisdiction of appeal board - The Ontario Divisional Court held that the Social Assistance Review Board lacked jurisdiction to declare that an overpayment of family benefits was forgiven - See paragraph 11.

Social Assistance - Topic 984

Claims - Appeals - Jurisdiction of appeal board - The Director of Income Maintenance deducted an amount from a recipient's monthly payment to recover the amount of an overpayment as authorized in s. 17 of the Family Benefits Act - The Ontario Divisional Court held that the Social Assistance Review Board had authority to rescind or disallow the Director's decision, since it included a partial suspension or cancellation of a benefit according to ss. 12 and 13 - See paragraph 12.

Cases Noticed:

Re Beattie and Director of Social Services (Winnipeg South/West) (1978), 93 D.L.R.(3d) 477 (Man. C.A.), refd to. [para. 11].

Statutes Noticed:

Family Benefits Act, R.S.O. 1980, c. 151, sect. 11 [para. 10]; sect. 12, sect. 13 [paras. 10, 12]; sect. 14 [para. 10]; sect. 17 [paras. 10, 12].

Counsel:

L.M. McIntosh, for the applicant;

J.G. Cowan and M.J. Dougherty, for the respondent, the Social Assistance Review Board;

J. Regina, for the respondent, Conway.

This application was heard before O'Brien, Hartt and Rosenburg, JJ., of the Ontario Court of Justice (General Division), Divisional Court, whose decision was delivered by Rosenburg, J., and released on December 12, 1990.