Murray v. Director of Employment and Income Assistance (Man.), (2015) 319 Man.R.(2d) 219 (CA)

• Jurisdiction: Manitoba
• Court: Court of Appeal (Manitoba)
• Judge: MacInnes, Beard and Cameron, JJ.A.
• Citation: (2015), 319 Man.R.(2d) 219 (CA),2015 MBCA 66
• Date: 10 June 2015

Murray v. Director of Employment (2015), 319 Man.R.(2d) 219 (CA);

      638 W.A.C. 219

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.012

Ashley Murray (appellant/appellant) v. Director, Employment and Income Assistance, Seven Oaks (respondent/respondent)

(AI 12-30-07738; 2015 MBCA 66)

Indexed As: Murray v. Director of Employment and Income Assistance (Man.)

Manitoba Court of Appeal

MacInnes, Beard and Cameron, JJ.A.

June 30, 2015.

Summary:

The Director of Employment and Income Assistance suspended the applicant's income assistance after determining that she was in a common law relationship. The Director referred to s. 5(5) of the Employment Income Assistance Act (EIA Act), but based her decision on the criteria set forth in the Manitoba EIA Administrative Manual, s. 8, Assistance to Single Parents and Children, and, in particular, s. 8.1.4, Common-Law Unions. The applicant appealed. The Social Services Appeal Board dismissed the appeal and confirmed the decision of the Director. The applicant moved for leave to appeal.

The Manitoba Court of Appeal, per MacInnes, J.A., in a decision reported at 315 Man.R.(2d) 20; 630 W.A.C. 20, granted the motion and granted leave to appeal on the following two questions:

"1) Did the Board err in law in its interpretation of s. 5(5) of the EIA Act, in particular, the meaning of 'cohabiting in a conjugal relationship'?

"2) Did the Board err in improperly fettering its discretion when it relied on s. 8.1.4 of the Policy to determine whether the applicant was cohabiting in a conjugal relationship?"

The Manitoba Court of Appeal dismissed the appeal. It was not appropriate for the court to decide these issues as they had not been raised before or determined by either the Director or the Board.

Practice - Topic 9012

Appeals - Restrictions on argument on appeal - Issues or points not previously raised - [See Social Assistance - Topic 853 ].

Social Assistance - Topic 852

Claims - Benefits - Entitlement - Bars - Cohabitation - [See Social Assistance - Topic 853 ].

Social Assistance - Topic 853

Claims - Benefits - Entitlement - Bars - Spousal relationship (incl. common law relationship) - The Director of Employment and Income Assistance suspended the applicant's income assistance after determining that she was in a common law relationship - The Director referred to s. 5(5) of the Employment Income Assistance Act (EIA Act) which defined common law relationship, but based her decision on EIA Administrative Policy which had wider criteria for what constituted common law status than the EIA Act - The Social Services Appeal Board confirmed the decision - The applicant appealed, raising issues respecting the Board's interpretation of s. 5(5) of the EIA Act, in particular, the meaning of "cohabiting in a conjugal relationship" and whether the Board erred in improperly fettering its discretion by relying on the administrative policy - The Manitoba Court of Appeal dismissed the appeal - It was not appropriate for the court to decide these issues as they had not been raised before or determined by either the Director or the Board.

Social Assistance - Topic 950

Claims - Bars - Mother (claimant) living with another person as husband and wife - [See Social Assistance - Topic 853 ].

Cases Noticed:

Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342; 92 N.R. 110; 75 Sask.R. 82, refd to. [para. 8].

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al., [2011] 3 S.C.R. 654; 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 11].

Manitoba v. Russell Inns Ltd. et al. (2013), 291 Man.R.(2d) 244; 570 W.A.C. 244; 2013 MBCA 46, refd to. [para. 11].

Cusson v. Quan et al., [2009] 3 S.C.R. 712; 397 N.R. 94; 258 O.A.C. 378; 2009 SCC 62, refd to. [para. 16].

St. Clements (Rural Municipality) v. Zucawich (2013), 294 Man.R.(2d) 146; 581 W.A.C. 146; 2013 MBCA 65, refd to. [para. 16].

Samborski Garden Supplies Ltd. v. MacDonald (Rural Municipality) (2015), 315 Man.R.(2d) 291; 630 W.A.C. 291; 2015 MBCA 26, refd to. [para. 16].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 18].

Authors and Works Noticed:

Manitoba EIA Administrative Manual, s. 8, Assistance to Single Parents and Children, s. 8.1.4, Common-Law Unions [para. 13].

Counsel:

A.E.M. Fenske and M.A. Menzies, for the appellant;

A.J. Ladyka and D.A. Johnston, for the respondent.

This appeal was heard on June 10, 2015, before MacInnes, Beard and Cameron, JJ.A., of the Manitoba Court of Appeal. The decision of the court was pronounced on June 10, 2015, with written reasons delivered for the court by Beard, J.A., on June 30, 2015.