Stewart v. Social Assistance Appeal Board (N.S.) et al., 2001 NSSC 65

• Judge: Haliburton, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 18, 2001
• Jurisdiction: Nova Scotia
• Citations: 2001 NSSC 65;(2001), 193 N.S.R.(2d) 354 (SC)

Stewart v. Social Assistance (2001), 193 N.S.R.(2d) 354 (SC);

 602 A.P.R. 354

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. MY.020

Lois Stewart (applicant) v. The Social Assistance Appeal Board and William Crawford, Alfred Atkinson and Rudolph Muise (respondents)

(S.Y. No. 6212; 2001 NSSC 65)

Indexed As: Stewart v. Social Assistance Appeal Board (N.S.) et al.

Nova Scotia Supreme Court

Haliburton, J.

April 17, 2001.

Summary:

In October 1998, Stewart applied for financial assistance under the Social Assis­tance Act to enable her to enter a nursing home. Her application was denied because she had conveyed assets to family members within the 36 month period preceding the date of intake (policy 3.3). In May of 2000, Stewart reapplied. Her application was re­jected. The Social Assistance Appeal Board dismissed an appeal. Stewart applied to quash the Appeal Board's decision.

The Nova Scotia Supreme Court allowed the application, quashed the decision and remitted the matter to a new panel.

Administrative Law - Topic 3202

Judicial review - General - Scope or standard of review - [See Social Assis­tance - Topic 983 ].

Administrative Law - Topic 9102

Boards and tribunals - Judicial review - Standard of review - [See Social Assis­tance - Topic 983 ].

Administrative Law - Topic 9116

Boards and tribunals - Judicial review - Review of administrative policy or discre­tion - [See Social Assistance - Topic 983 ].

Social Assistance - Topic 983

Claims - Appeals - Reasons for decision - In October 1998, Stewart applied for finan­cial assistance under the Social Assistance Act to enable her to enter a nursing home -Her application was denied because she had conveyed assets to family members within the 36 month period preceding the date of intake (policy 3.3) - In May of 2000, Stewart reapplied - Her application was rejected - The Social Assistance Ap­peal Board dismissed an appeal, stating, inter alia, that the intake date could not be changed - Stewart applied to quash the Appeal Board's decision - The Nova Scotia Supreme Court allowed the appli­cation - The standard of review was cor­rectness - The Appeal Board erred in law where it failed to: (1) determine whether Stewart was a person in need; and (2) cite the provisions of the Act and Regulations on which it relied - It also erred in treating an administrative policy as if it were law - While the validity of policy 3.3 was not before the court, the court observed that if the policy was to be applied then it must be applied with due regard to the underly­ing philosophy of the Act and the manda­tory sections of the Act and Regulations.

Social Assistance - Topic 985

Claims - Appeals - Duty of appeal board - [See Social Assistance - Topic 983 ].

Social Assistance - Topic 1028

Claims - Appeal to courts or judicial review - Standard of review - [See Social Assistance - Topic 983 ].

Cases Noticed:

Woodard v. Social Assistance Appeal Board (1983), 64 N.S.R.(2d) 429; 143 A.P.R. 429 (T.D.), refd to. [para. 14].

Sutherland v. Director of Victims' Services Ltd. (N.S.) (1998), 170 N.S.R.(2d) 73; 515 A.P.R. 73 (C.A.), refd to. [para. 14].

Counsel:

Alexander Ikejiani, for the respondent;

Gregory D. Barro, for the applicant.

This application was heard on January 18, 2001, before Haliburton, J., of the Nova Scotia Supreme Court, who delivered the following decision on April 17, 2001.