Kerr v. Metropolitan Toronto (Department of Social Services), (1991) 49 O.A.C. 362 (DC)

• Judge: Steele, Archie Campbell and McKeown, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 22, 1991
• Jurisdiction: Ontario
• Citations: (1991), 49 O.A.C. 362 (DC)

Kerr v. Toronto (1991), 49 O.A.C. 362 (DC)

MLB headnote and full text

In The Matter Of The General Welfare Assistance Act, R.S.O. 1980, chapter 188, as amended;

And In The Matter Of The decision of the Social Assistance Review Board dated the 13th day of December, 1989

Shelly Kerr (appellant) v. The General Manager, Department of Social Services of Metropolitan Toronto (respondent)

(No. 1262/90)

Indexed As: Kerr v. Metropolitan Toronto (Department of Social Services)

Ontario Court of Justice

Divisional Court

Steele, Archie Campbell and McKeown, JJ.

June 13, 1991.

Summary:

A young woman was denied welfare bene­fits by the Metropolitan Toronto Department of Social Services. She appealed unsuccess­fully to the Social Assistance Review Board. She appealed again.

The Ontario Divisional Court allowed the appeal and remitted the matter for further consideration by the administrator of social assistance.

Social Assistance - Topic 3

General - Interpretation of legislation - The Ontario Divisional Court stated that "the first principle of interpretation is that the social welfare regime established by the [General Welfare Assistance] Act and Regulations should be interpreted largely and liberally to attain their remedial objec­tives and to suppress the mischief against which they aim" - See paragraph 21.

Social Assistance - Topic 843

Claims - Benefits - Entitlement - Persons attending educational institutions - Section 6(1) of the Regulation 441 under the Gen­eral Welfare Assistance Act provided that certain persons attending educational insti­tutions were eligible for social assistance, with the approval of the administrator of benefits - The Ontario Divisional Court discussed the purpose of this provision - See paragraphs 29 to 37.

Social Assistance - Topic 843

Claims - Benefits - Entitlement - Persons attending educational institutions - After completing grade 11, Kerr quit school and left home because of family problems - She obtained employment, but after a few months decided to return to high school - Her family was unable to help her finan­cially, so she applied for welfare benefits - The Social Assistance Appeal Board affirmed that she was not entitled to bene­fits because she was "not a person in need" and was employable (General Welfare Assistance Act, s. 7(1) and Regulation 441, s. 1(2)) - The Ontario Divisional Court held that the Board erred in its decision - The court held that she was entitled to discretionary consideration by the admin­istrator of benefits under s. 6(1) of the Regulation (i.e., the education exemption).

Words and Phrases :

Eligible - The Ontario Divisional Court discussed the meaning of the word "eli­gible" as it appeared in the General Wel­fare Assistance Act, R.S.O. 1980, c. 188 and Regulation 441 thereunder - See paragraphs 41 to 50.

Cases Notice d:

Dennhardt v. Director of Income Mainten­ance (Ont.) (1987), 26 O.A.C. 334; 62 O.R.(2d) 301 (Div. Ct.), refd to. [para. 20].

Campbell v. Director of Income Mainten­ance (Ont.) (1990), 40 O.A.C. 119; 71 D.L.R.(4th) 765 (Div. Ct.), refd to. [para. 20].

Robison (Bankrupt), Re (1990), 84 Sask.R. 114 (Q.B.), refd to. [para. 32].

Mroszkowski and Director of the Voca­tional Rehabilitation Services, Re (1978), 20 O.R.(2d) 688 (Div. Ct.), refd to. [para. 33].

Abrahams v. Attorney General of Canada, [1983] 1 S.C.R. 2; 46 N.R. 185, refd to. [para. 50].

Statutes Noticed:

Family Benefits Act, R.S.O. 1980, c. 151, sect. 15 [para. 19].

General Welfare Assistance Act, R.S.O. 1980, c. 188, sect. 7(1), sect. 7(2) [para. 9 et seq.]; sect. 11(4) [para. 19]; sect. 14 [para. 9].

General Welfare Assistance Act Regula­tions, Regulation 441, sect. 1(1)(q), sect. 1(2), sect. 3(1)(b), sect. 6(1), sect. 6(2), sect. 6(3), sect. 6(4), sect. 6(5), sect. 6(6) [para. 10].

Authors and Works Noticed:

Shorter Oxford Dictionary, generally [para. 42].

Social Assistance Review Committee, Transitions: Report of the Social Assist­ance Review Committee (1988), gen­erally [para. 23].

Counsel:

Elizabeth Klassen, for the appellant;

A. Pachai, for the respondent.

This appeal was heard on March 22, 1991, before Steele, Archie Campbell and Mc­Keown, JJ., of the Ontario Divisional Court. The decision of the court was delivered by Archie Campbell, J., and released on June 13, 1991.