Kerr v. Metropolitan Toronto (Department of Social Services), (1995) 80 O.A.C. 81 (CA)

• Judge: Robins, Carthy and Laskin, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: December 07, 1994
• Jurisdiction: Ontario
• Citations: (1995), 80 O.A.C. 81 (CA)

Kerr v. Toronto (1995), 80 O.A.C. 81 (CA)

MLB headnote and full text

In The Matter Of the General Welfare Assistance Act, R.S.O. 1980, c. 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/respondent in appeal) v. The General Manager, Department of Social Services of Metropolitan Toronto (respondent/appellant in appeal)

(File No. C11252)

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

Ontario Court of Appeal

Robins, Carthy and Laskin, JJ.A.

January 23, 1995.

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, in a decision reported 49 O.A.C. 362, allowed the appeal and remitted the matter for further consider­ation by the administrator of social assis­tance. The Metropolitan Toronto Department of Social Services appealed.

The Ontario Court of Appeal allowed the appeal, set aside the decision of the Divi­sional Court and restored the order of the Social Assistance Review Board.

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 general welfare assistance - The Social Assistance Appeal Board held that she did not qualify for general assistance because she was not "a person in need" and was not a person who had been unable to obtain regular employ­ment - The Ontario Court of Appeal in­terpreted the relevant provisions of the General Welfare Assistance Act and Regulations and affirmed the Board's decision.

Cases Noticed:

Wedekind v. Director of Income Mainte­nance (Ont.) (1994), 75 O.A.C. 358 (C.A.), refd to. [para. 17].

Clark v. Director of Income Maintenance (Ont.) - see Wedekind v. Director of Income Maintenance (Ont.).

Canada (Attorney General) v. Abrahams, [1983] 1 S.C.R. 2; 46 N.R. 185, refd to. [para. 19].

Statutes Noticed:

Family Benefits Act, R.S.O. 1980, c. 151, sect. 15(1), sect. 15(4) [para. 16].

General Welfare Assistance Act, R.S.O. 1980, c. 188, sect. 1(b) [para. 5]; sect. 7(1), sect. 7(2) [para. 6]; sect. 11(2) [para. 15]; sect. 11(4) [para. 16]; sect. 14 [para. 8].

General Welfare Assistance Act Regula­tions (Ont.), Reg. 441, sect. 1(2) [para. 9]; sect. 3(1) [para. 10]; sect. 6(1) [para. 11]; sect. 7 [para. 9]; sect. 11(1) [paras. 9, 23]; sect. 11(6)(a) [para. 26]; sect. 12, sect. 13 [para. 21]; sect. 15(1)(a) [para. 12]; sect. 15(2) [para. 13]; sect. 16, sect. 17 [para. 12]; sect. 29 [para. 21].

Authors and Works Noticed:

New Shorter Oxford English Dictionary (1993), Vol. 1, p. 1331 [para. 32].

Counsel:

George S. Monteith, for the appellant, the General Manager;

Leslie M. McIntosh and Rebecca J. Givens, for the intervener;

Elizabeth Klassen, for the respondent, Shelly Kerr.

This appeal was heard on December 7, 1994, before Robins, Carthy and Laskin, JJ.A., of the Ontario Court of Appeal. The decision of the court was delivered by Las­kin, J.A., and released on January 23, 1995.