Walsh v. Disability Support Program (Ont.), 2012 ONCA 463

• Judge: Juriansz, LaForme and Ducharme, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: April 20, 2012
• Jurisdiction: Ontario
• Citations: 2012 ONCA 463;(2012), 294 O.A.C. 174 (CA)

Walsh v. Disability Support (2012), 294 O.A.C. 174 (CA)

MLB headnote and full text

Temp. Cite: [2012] O.A.C. TBEd. JL.016

Diane Walsh (appellant) v. Director of the Ontario Disability Support Program (respondent)

(C54712; 2012 ONCA 463)

Indexed As: Walsh v. Disability Support Program (Ont.)

Ontario Court of Appeal

Juriansz, LaForme and Ducharme, JJ.A.

June 29, 2012.

Summary:

The claimant, a 63 year old woman, had been receiving benefits under the Ontario Disability Support Program Act since 1993. In 2005, the Program Director suspended the claimant's benefits because she failed to comply with an eligibility review. The claimant appealed. The Social Benefits Tribunal rescinded the Director's decision and reinstated the benefits, holding that her non-compliance was the product of her disabilities, which interfered with her ability to understand what was required of her. The Director appealed.

The Ontario Divisional Court, in a decision reported [2011] O.A.C. Uned. 164, allowed the appeal. The Tribunal lacked jurisdiction to hear the appeal from the Director's decision as the appeal was statute barred after one year from the date of the decision. The claimant appealed.

The Ontario Court of Appeal dismissed the appeal.

Government Programs - Topic 5263

Health and social services - Disabled persons - Entitlement - A claimant's benefits were suspended by the Director of the Ontario Disability Support Program, because the claimant failed to comply with an eligibility review - The claimant appealed - The Social Benefits Tribunal rescinded the Director's decision and reinstated the benefits, holding that her non-compliance resulted from her disabilities - The Director appealed - The Ontario Divisional Court allowed the appeal, holding that the Tribunal lacked jurisdiction to hear the appeal from the Director's decision as the appeal was statute barred after one year from the date of the decision - The claimant appealed - The Ontario Court of Appeal dismissed the appeal.

Government Programs - Topic 5263

Health and social services - Disabled persons - Entitlement - The Ontario Court of Appeal interpreted the scheme and timelines (limitation periods) for appealing regarding a person's entitlement to income support pursuant to the Ontario Disability Support Program Act - See paragraphs 31 to 79.

Government Programs - Topic 5278

Health and social services - Disabled persons - Appeals (inc. time for filing) - [See both Government Programs - Topic 5263 ].

Cases Noticed:

Asgedom v. Ontario (Minister of Community and Social Services) (2010), 259 O.A.C. 144; 2010 ONSC 939, refd to. [para. 13].

Gray v. Disability Support Program (Ont.) (2002), 158 O.A.C. 244; 59 O.R.(3d) 364 (C.A.), refd to. [para. 23].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 36].

Rea v. Ontario (Minister of Community and Social Services) (2005), 205 O.A.C. 287; 79 O.R.(3d) 583 (C.A.), refd to. [para. 48].

R. v. Rollocks (R.) (1994), 72 O.A.C. 269; 19 O.R.(3d) 448 (C.A.), refd to. [para. 67].

Statutes Noticed:

Ontario Disability Support Program Act, S.O. 1997, c. 25, sect. 21 [para. 50]; sect. 22 [para. 51]; sect. 23 [para. 53].

Ontario Disability Support Program Act Regulations (Ont.), General Regulation, Reg. 222/98, sect. 6(1) [para. 59].

Counsel:

Lesli Bisgould and Martha Macfie, for the appellant;

Mimi Singh, for the respondent.

This appeal was heard on April 20, 2012, before Juriansz, LaForme and Ducharme, JJ.A., of the Ontario Court of Appeal. The following decision was delivered by LaForme, J.A., on June 29, 2012.