Wuziuk v. Director of Social Services, (1980) 3 Man.R.(2d) 72 (CA)

JudgeMonnin, Hall and O'Sullivan, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateJanuary 15, 1980
JurisdictionManitoba
Citations(1980), 3 Man.R.(2d) 72 (CA)

Wuziuk v. Social Services Director (1980), 3 Man.R.(2d) 72 (CA)

MLB headnote and full text

Wuziuk v. Director of Social Services

Indexed As: Wuziuk v. Director of Social Services

Manitoba Court of Appeal

Monnin, Hall and O'Sullivan, JJ.A.

January 15, 1980.

Summary:

This headnote contains no summary.

Social Assistance - Topic 888

Claims - Calculation of benefits - Reduction of benefits, due to financial resources of applicant - The monthly allowance of a recipient of social assistance was reduced by the Director of Social Services because the recipient received $400.00 for an airplane ticket for a holiday in the Bahamas - The Manitoba Court of Appeal held that the director erred in reducing the recipient's benefits because the $400.00 did not constitute income and was exempted as a liquid asset under the Social Allowances Act regulations because the gift did not exceed $400.00 - See paragraphs 23 to 35.

Cases Noticed:

Finlay v. The Director of Welfare (Winnipeg South/West), [1976] Western Weekly Digests 182, refd to. [para. 13].

Hardy v. Director of Welfare (Eastman Region), [1977] 1 W.W.R. 141, refd to. [para. 14].

Statutes Noticed:

Social Allowances Act, R.S.M. 1970, c. S-160, sect. 2(h.1) [para. 24].

Social Allowances Act Regulations, sect. 4(1)A(f) [para. 28].

Counsel:

G.P.S. Riley, for the appellant/appellant;

E. Rodin, for the respondent/respondent.

This appeal was heard by MONNIN, HALL and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal on January 10, 1980.

The judgment of the Court of Appeal was delivered by O'SULLIVAN, J.A., on January 15, 1980.

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2 practice notes
  • McIntosh v. McDonald, [2014] Man.R.(2d) Uned. 29 (CA)
    • Canada
    • Court of Appeal (Manitoba)
    • August 26, 2014
    ...the sworn declaration was contrary to s. 165(3) of the Act , the tenant relies on the case of Wuziuk v. Director of Social Services (1980), 3 Man.R. (2d) 72. In that case, the court held that it was an error of law for the Social Services Advisory Committee to refuse to admit in evidence th......
  • Elliott v. Director of Social Services, (1982) 17 Man.R.(2d) 350 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • July 19, 1982
    ...Wuziuk v. Executive Director of Social Services (1979), 3 Man.R.(2d) 81 , consd. [para. 3]. Wuziuk v. Director of Social Services (1980), 3 Man.R.(2d) 72, consd. [para. Canuel v. The Director of Social Services (Winnipeg North) (1981), 10 Man.R.(2d) 176 , consd. [para. 9]. Goldberg v. Kel......
2 cases
  • McIntosh v. McDonald, [2014] Man.R.(2d) Uned. 29 (CA)
    • Canada
    • Court of Appeal (Manitoba)
    • August 26, 2014
    ...the sworn declaration was contrary to s. 165(3) of the Act , the tenant relies on the case of Wuziuk v. Director of Social Services (1980), 3 Man.R. (2d) 72. In that case, the court held that it was an error of law for the Social Services Advisory Committee to refuse to admit in evidence th......
  • Elliott v. Director of Social Services, (1982) 17 Man.R.(2d) 350 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • July 19, 1982
    ...Wuziuk v. Executive Director of Social Services (1979), 3 Man.R.(2d) 81 , consd. [para. 3]. Wuziuk v. Director of Social Services (1980), 3 Man.R.(2d) 72, consd. [para. Canuel v. The Director of Social Services (Winnipeg North) (1981), 10 Man.R.(2d) 176 , consd. [para. 9]. Goldberg v. Kel......

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