Traverse v. Newfoundland (Minister of Social Services), (1994) 119 Nfld. & P.E.I.R. 304 (NFTD)

• Judge: Orsborn, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 10, 1994
• Jurisdiction: Newfoundland and Labrador
• Citations: (1994), 119 Nfld. & P.E.I.R. 304 (NFTD)

Traverse v. Nfld. (1994), 119 Nfld. & P.E.I.R. 304 (NFTD);

    370 A.P.R. 304

MLB headnote and full text

Ann Marie Traverse (appellant) v. Minister of Social Services (respondent)

(1993 Court No. 1001, Registry No. 2756)

Indexed As: Traverse v. Newfoundland (Minister of Social Services)

Newfoundland Supreme Court

Trial Division

Orsborn, J.

January 12, 1994.

Summary:

The Social Assistance Appeal Board deter­mined that a mother of three was no longer entitled to social assistance, because she was living in a common law relationship. The mother appealed.

The Newfoundland Supreme Court, Trial Division, allowed the appeal, quashed the decision and remitted the matter to a differ­ently constituted panel.

Social Assistance - Topic 852

Claims - Benefits - Entitlement - Bars - Cohabitation - Under s. 6(b) of the Social Assistance Act, a parent, looking after children in the absence of a spouse, was entitled to benefits - The Newfoundland Supreme Court, Trial Division, held that the mere fact of cohabitation in a common law relationship disentitled a parent to benefits - The provision did not require any consideration of financial support - See paragraphs 11 to 19.

Social Assistance - Topic 990

Claims - Appeals - Credibility of witnesses - Duty of board - The Social Assistance Appeal Board dismissed an appeal by a single mother of three from the decision to cease her social assistance payments because she had begun a com­mon law relationship - Evidence before the Board consisted of documentary evi­dence from departmental investigators (based on hearsay and anony­mous tips) and viva voce evidence, in contradiction, from the claimant and her boyfriend - The New­foundland Supreme Court, Trial Divi­sion, held that the Board erred by failing in its duty to act fairly - Where the Board rejected the claim on the basis of credibil­ity, the Board was required to give its reasons for finding against the credibil­ity of the claimant - See para­graphs 20 to 35.

Cases Noticed:

Manone v. Director of Family Benefits (1984), 3 O.A.C. 222 (Div. Ct.), refd to. [para. 14].

Warwick v. Ontario (Minister of Com­munity and Social Services) (1978), 91 D.L.R.(3d) 131 (Ont. C.A.), refd to. [para. 14].

Blanchard v. Millhaven Institution, [1983] 1 F.C. 309 (T.D.), refd to. [para. 23].

Pitts v. Ontario (1985), 9 O.A.C. 205; 51 O.R.(2d) 302 (Div. Ct.), refd to. [para. 26].

Statutes Noticed:

Social Assistance Act, R.S.N. 1990, c. S-17, sect. 6(b)(i), sect. 6(b)(iii) [para. 12]; sect. 6(d) [para. 13]; sect. 16(2)(b), sect. 16(5) [para. 20]; sect. 16(7) [para. 9]; sect. 17 [para. 21].

Counsel:

Edward C. Conway, for the appellant;

Brian F. Furey, for the respondent.

This appeal was heard on January 10, 1994, before Orsborn, J., of the Newfound­land Supreme Court, Trial Division, who filed the following judgment on January 12, 1994.