The appellant appealed a Tribunal decision regarding the calculation of income for social assistance purposes.
The Tribunal had included a loan incurred for refinancing an existing student loan as income.
The Divisional Court allowed the appeal, finding the Tribunal's decision unreasonable.
The Court held that there is implicit discretion under s. 48(1) of O.Reg. 134/98 to exclude a loan where the recipient receives no actual financial benefit or increase in assets.
The matter was remitted to the Tribunal for reconsideration.
