The appellant, a disabled senior, received an overpayment of ODSP income support due to an innocent reporting error regarding his rent.
The Director ordered full repayment.
The Social Benefits Tribunal reduced the recovery to half the amount, but the Divisional Court overturned this, finding no discretion to forgive a Crown debt.
The Court of Appeal allowed the appeal, holding that the Director's discretion under section 14(4) of the ODSPA includes the authority to forgo recovery of an overpayment, and that the Tribunal has the same discretion on appeal.
