Manone v. Director of Family Benefits, (1984) 3 O.A.C. 222 (DC)

Judge:Southey, J., Holland and Boland, JJ.
Court:Superior Court of Justice of Ontario
Case Date:March 13, 1984
Jurisdiction:Ontario
Citations:(1984), 3 O.A.C. 222 (DC)
 
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Manone v. Family Benefits Director (1984), 3 O.A.C. 222 (DC)

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Manone v. Director of Family Benefits

Indexed As: Manone v. Director of Family Benefits

Ontario Divisional Court

Southey, J., Holland and Boland, JJ.

April 3, 1984.

Summary:

An unwed mother applied for social assistance under the Family Benefits Act. The Social Assistance Review Board denied the application on the ground that the woman was not living as a "single person" under s. 5(b) of Regulation 318 under the Act. The woman appealed.

The Ontario Divisional Court allowed the appeal on the ground that the Board failed to appreciate the proper considerations. The Divisional Court referred the matter back to the Director of Family Benefits to be dealt with on the basis that the woman was a single person under the Regulations.

Social Assistance - Topic 852

Claims - Benefits - Entitlement - Bars - Cohabitation - An unwed mother applied for social assistance under the Family Benefits Act - Under s. 5(b) of Regulation 813 a person not living as a "single person" was disqualified from receiving benefits - A "single person" was an "adult not living with another person as husband or wife" - In determining that the mother was a single person, the Ontario Divisional Court considered the extent to which the mother's cohabitant supported her and her child, his income being relevant only to the extent it was used for support.

Cases Noticed:

Re Warwick and Minister of Community and Social Services (1978), 21 O.R.(2d) 528, consd. [para. 2].

Re Wills and Ministry of Community and Social Services (1983), 40 O.R.(2d) 287, consd. [para. 3].

Statutes Noticed:

Family Benefits Act Regulations, Reg. 318, sect. 1(1)(b) [para. 6]; sect. 1(1)(c) [para. 1]; sect. 5(b) [paras. 1, 7].

Counsel:

John A. McKean, for the appellant;

Janet E. Minor, for the respondent.

This appeal was heard before Southey, J. Holland and Boland, JJ., of the Ontario Divisional Court on March 13, 1984. The decision of the Divisional Court was delivered orally by Southey, J., and released on April 3, 1984.

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