The applicant, a person with disabilities receiving ODSP benefits, sought to start a business using subcontractors.
She learned that under ODSP policy directive 5.4, expenses paid to subcontractors would not be deducted from her gross business income, effectively imputing their earnings to her and jeopardizing her ODSP eligibility.
She alleged this rule and the denial of an Employment Start-Up Benefit (ESUB) discriminated against her based on disability.
The Tribunal dismissed the ESUB claim but found the subcontracting rules discriminatory, as they failed to account for the different capacities of persons with disabilities to engage in self-employment and were not justified by the respondent.
The Tribunal ordered the respondent to cease applying the rules, pay the applicant's start-up costs, and review its self-employment directives.