Szuts v. Commissioner of Social Services, (1986) 13 O.A.C. 200 (DC)

• Judge: Van Camp, O'Leary and Sutherland, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: February 11, 1986
• Jurisdiction: Ontario
• Citations: (1986), 13 O.A.C. 200 (DC)

Szuts v. Social Services Commr. (1986), 13 O.A.C. 200 (DC)

MLB headnote and full text

Szuts v. Commissioner of Social Services

(No. 409/84)

Indexed As: Szuts v. Commissioner of Social Services

Ontario Divisional Court

Van Camp, O'Leary and Sutherland, JJ.

February 11, 1986.

Summary:

A 63 year old woman was granted assistance under the General Welfare Assistance Act. Following an investigation by the Minister, the assistance was discontinued because the woman, although not married, was living in a spousal relationship with a man and was therefore ineligible for assistance. The woman appealed to the Social Assistance Review Board. The board affirmed the decision of the Minister. Following a rehearing by the board, which affirmed the first decision of the board, the woman appealed to the Divisional Court.

The Ontario Divisional Court, Sutherland, J., dissenting, dismissed the appeal.

Administrative Law - Topic 6201

Judicial review - Statutory appeal - Scope of review - General - The Ontario Divisional Court held that where there is evidence to support a board's decision, the court should not interfere - See paragraphs 1 to 11.

Civil Rights - Topic 5648

Equality and protection of the law - Particular cases - Social assistance legislation - General Welfare Assistance Act, Regulation 441 - Women - A woman was denied social assistance under the General Welfare Assistance Act because the woman, although not married, was living in a spousal relationship with a man - In a dissenting judgment, Sutherland, J., of the Ontario Divisional Court discussed the constitutional validity of Regulation 441 of the Act in relation to s. 15(1) of the Charter - See paragraphs 26 to 32.

Courts - Topic 13

Stare decisis - Authority of judicial decisions - General principles - Judgments under appeal - In a dissenting judgment a judge of the Ontario Divisional Court discussed the value of decisions by courts of competent jurisdictions pending their appeal and the practice of counsel of ignoring these decisions - See paragraphs 72 to 75.

Social Assistance - Topic 853

Claims - Benefits - Entitlement - Bars - Spousal relationship - A 63 year old woman was denied assistance under the General Welfare Assistance Act because, although not married, she was living in a spousal relationship with a man - In a dissenting judgment, a judge of the Ontario Divisional Court discussed the factors to consider in determining whether a spousal relationship exists - The judge stated that the "marital status" of a person is not a question of fact alone, and is a question within the jurisdiction of an appeal court - See paragraphs 37 to 62 and 18 to 20.

Cases Noticed:

Re Warwick and the Minister of Community and Social Services (1978), 21 O.R.(2d) 528, refd to. [para. 1].

Re Willis and Ministry of Community and Social Services (1983), 40 O.R.(2d) 287, refd to. [para. 8].

Re Ellis and Ministry of Community and Social Services (1980), 28 O.R.(2d) 385, consd. [para. 23].

Dowlut v. Commissioner of Social Services (1985), 8 O.A.C. 136, consd. [para. 46].

Pitts v. Ontario (1985), 9 O.A.C. 205; 51 O.R.(2d) 302, refd to. [para. 46].

Chartier v. Income Maintenance Branch of the Ministry of Community and Social Services, Director of (1984), 7 O.A.C. 322, consd. [para. 53].

Burton v. Minister of Community and Social Services (1985), 10 O.A.C. 263; 52 O.R.(2d) 211, refd to. [para. 54].

Manone v. Director of Family Benefits (1984), 3 O.A.C. 222, consd. [para. 63].

Manitoba Language Rights Reference, Re, [1985] 1 S.C.R. 721; [1985] 4 W.W.R. 385; 59 N.R. 321; 35 Man.R.(2d) 83, consd. [para. 74].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 1 [para. 30]; sect. 15(1) [para. 29]; sect. 28 [para. 30].

Family Benefits Act, R.S.O. 1980, c. 151, sect. 14, sect. 15, sect. 16, sect. 18 [para. 14 to 22].

General Welfare Assistance Act, R.S.O. 1980, c. 188.

General Welfare Assistance Act Regulations, Regulation 441.

Ministry of Community and Social Services Act, R.S.O. 1980, c. 273, sect. 12 [para. 22].

Old Age Security Act, R.S.C. 1970, c. O-6 [para. 29].

Counsel:

J. McKean, for the applicant;

K.F. Christie, for the respondent;

Leslie M. McIntosh, for the Minister of Community and Social Services.

This appeal was heard on September 13, 1985, before Van Camp, O'Leary and Sutherland, JJ., of the Ontario Divisional Court

On February 11, 1986, the judgment of the Divisional Court was delivered and the following opinions were filed:

Van Camp, J. - see paragraphs 1 to 11;

Sutherland, J., dissenting - see paragraphs 12 to 86.

O'Leary, J., concurred with Van Camp, J.