Elizabeth Klassen

The Director of the Ontario Disability Support Program appealed a decision of the Social Benefits Tribunal, which found that monthly child support payments made by the respondent's father to her mother were not income to the respondent under the Ontario Disability Support Program Act.

The respondent, an adult with severe disabilities, received income support.

The Director had deducted the child support payments from her income support.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the Tribunal's conclusion that the payments were intended to compensate the mother for caregiving and were not income paid to or on behalf of the respondent.

The Ministry appealed a decision of the Social Benefits Tribunal finding that the respondent was a 'person with a disability' under the Ontario Disability Support Program Act.

The Ministry argued the Tribunal failed to consider sedentary employment possibilities and relied on unverified medical details.

The Divisional Court dismissed the appeal, holding that the Tribunal correctly applied the law, was entitled to consider the applicant's specific circumstances, and had ample evidence to support its factual findings.

The appeal was allowed only on consent to amend the starting date of payments.