2 total
ODSP appeal allowed and new hearing ordered due to Tribunal's failure to appreciate mental health evidence.
The appellant appealed a decision of the Social Benefits Tribunal which upheld the denial of his application for Ontario Disability Support Program benefits.
The Divisional Court found that while the Tribunal correctly assessed the appellant's physical impairments, it erred in law by disregarding and failing to appreciate relevant evidence regarding his long-standing mental health impairments.
The appeal was allowed and the matter was returned to the Tribunal for a re-hearing before a different member.
The Court of Appeal dismissed an appeal challenging a trial judge's credibility findings, alleged witness collusion, and a five-month mid-trial adjournment.
The appellants appealed a trial judgment on three grounds: the trial judge's credibility assessments, alleged collusion by one respondent with witnesses, and prejudice from a five-month trial adjournment.
The Court of Appeal found that the trial judge's credibility findings were adequately explained within the context of the entire judgment and were warranted on the evidence.
The court found no evidentiary support for the collusion allegation, noting that the witnesses' trial testimony was inconsistent with the "will-say" statements allegedly prepared by the respondent, making collusion implausible.
The court rejected the adjournment argument, holding that absent demonstrated actual prejudice or a request for an earlier date at trial, a five-month adjournment does not presumptively require a new trial.
The appeal was dismissed with costs awarded to the respondents.
