Jennings v. Ontario (Minister of Social Services) et al., (2015) 340 O.A.C. 252 (DC)

JudgeSwinton, Sachs and Corbett, JJ.
CourtSuperior Court of Justice of Ontario (Canada)
Case DateFebruary 24, 2015
JurisdictionOntario
Citations(2015), 340 O.A.C. 252 (DC);2015 ONSC 6689

Jennings v. Ont. (2015), 340 O.A.C. 252 (DC)

MLB headnote and full text

Temp. Cite: [2015] O.A.C. TBEd. OC.038

Darrell Jennings (appellant) v. Minister of Social Services and Director of Ontario Disability Support (respondents)

(266/14; 2015 ONSC 6689)

Indexed As: Jennings v. Ontario (Minister of Social Services) et al.

Court of Ontario

Superior Court of Justice

Divisional Court

Swinton, Sachs and Corbett, JJ.

October 28, 2015.

Summary:

Beginning in June 2010, Jennings received Ontario Disability Support Program benefits. In February 2012, following a review, Jennings' benefits were cancelled and he was assessed with an overpayment of $25,712. The Social Benefits Tribunal dismissed Jennings' appeal, finding that he had failed to declare his income and assets and did not meet financial eligibility criteria. Jennings appealed.

The Ontario Divisional Court allowed the appeal, setting aside the overpayment assessment. There had been no overpayment from June 2010 to July 2011. The issue of any overpayment after July 2011 and Jennings' ongoing eligibility was remitted to the Director.

Administrative Law - Topic 6244

Judicial review - Statutory appeal - Remedies on appeal - Remittal of award or decision - [See Government Programs - Topic 5263 ].

Government Programs - Topic 5263

Health and social services - Disabled persons - Entitlement - Jennings was born with spina bifida, but, following surgery, was able to work and entered the workforce - In 2006, Jennings and another formed a partnership (Petrell) - Petrell purchased a residential property and received rental income, which was used to pay expenses - In 2009, Jennings was hospitalized with disorders related to his spina bifida and was unable to work - Jennings applied for income support under the Ontario Disability Support Program (ODSP) - He disclosed his financial situation - The intake worker advised Jennings that he would have to dispose of his interest in Petrell, which he did in July 2011 - Jennings received Ontario Works (OW) benefits from December 2009 - In July 2011, Jennings was found eligible for ODSP benefits, retroactively to June 2010 - In February 2012, following a review, Jennings' ODSP benefits were cancelled and he was assessed with an overpayment of $25,712 - The Social Benefits Tribunal dismissed Jennings' appeal, finding that he had failed to declare his income and assets and did not meet financial eligibility criteria - The Ontario Divisional Court allowed Jennings' appeal, setting aside the overpayment assessment - The Tribunal's decision was based on fundamental misapprehensions of the evidence, including that Jennings had failed to disclose his interest in Petrell and Petrell's sale - In finding that disclosure to OW at the outset was not disclosure to ODSP, the Tribunal erred - The intake was a unified process - Documents did not have to be refiled - The Tribunal's adverse findings of credibility against Jennings and its "belittling of his position" left its findings on other points related to calculations unsafe - The court was able to determine that there had been no overpayment from June 2010 to July 2011 - The issue of any overpayment after July 2011 and Jennings' ongoing eligibility for ODSP benefits was remitted to the Director - See paragraphs 39 to 74.

Cases Noticed:

Fournier v. Disability Support Program (Ont.) (2013), 309 O.A.C. 186; 2013 ONSC 2891, refd to. [para. 40, footnote 46].

Human Rights Commission (N.S.) et al. v. Play It Again Sports Ltd. et al. (2004), 227 N.S.R.(2d) 292; 720 A.P.R. 292; 2004 NSCA 132, refd to. [para. 41, footnote 47].

Shooters Sports Bar Inc. v. Alcohol and Gaming Commission (Ont.) (2008), 238 O.A.C. 9; 2008 CanLII 25052 (Div. Ct.), refd to. [para. 41, footnote 48].

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 41, footnote 48].

Cepeda-Gutierrez et al. v. Canada (Minister of Citizenship and Immigration) (1998), 157 F.T.R. 35 (T.D.), refd to. [para. 41, footnote 48].

Rea v. Ontario (Minister of Community and Social Services) (2005), 205 O.A.C. 287; 79 O.R.(3d) 583 (C.A.), refd to. [para. 55, footnote 59].

Counsel:

Darrell Jennings, self-represented;

Mimi Singh, for the respondents.

This appeal was heard at Toronto, Ontario, on February 24, 2015, by Swinton, Sachs and Corbett, JJ., of the Ontario Divisional Court. On October 28, 2015, Corbett, J., released the following judgment for the court.

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1 practice notes
  • Charron v. Director of the Ontario Disability Support Program, 2019 ONSC 2747
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 2, 2019
    ...2018, about four months after the Director’s decision. As this Court stated in Jennings v. Minister of Social Services of Ontario, 2015 ONSC 6689, 340 O.A.C. 252 (Div. Ct.), at para. 41, an error of law includes disregarding, misapprehending or failing to appreciate relevant evidence......
1 cases
  • Charron v. Director of the Ontario Disability Support Program, 2019 ONSC 2747
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 2, 2019
    ...2018, about four months after the Director’s decision. As this Court stated in Jennings v. Minister of Social Services of Ontario, 2015 ONSC 6689, 340 O.A.C. 252 (Div. Ct.), at para. 41, an error of law includes disregarding, misapprehending or failing to appreciate relevant evidence......

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