The applicant filed a human rights application alleging that the Ontario Disability Support Program Act discriminated against her on the basis of disability, family status, and marital status by making her eligibility dependent on her spouse's income.
The Tribunal held a preliminary hearing to determine if the application was timely, as it was filed five years after her benefits were cancelled.
The Tribunal found that it lacked jurisdiction to hear a stand-alone challenge to the legislation under the Charter or the Code.
Furthermore, the continuing deductions from the applicant's Ontario Works benefits were found to be continuing effects, not continuing contraventions.
The Tribunal concluded that the applicant failed to establish a good faith reason for the delay and dismissed the application as untimely.