The Director of the Ontario Disability Support Program appealed a decision of the Social Benefits Tribunal finding the respondent to be a person with a disability under s. 4(1) of the ODSPA.
The Divisional Court allowed the appeal, finding that the Tribunal erred in law by accepting the respondent's self-assessment of his emotional disability and restrictions in daily living activities without the mandatory medical verification by a prescribed professional.
The decision was set aside and the matter remitted for a re-hearing before a different Tribunal member.
