Dr. Frank Smith

The applicant, a former postsecondary student with disabilities, brought a Charter application challenging the constitutionality of the Canada Student Loans Program (CSLP) and the Ontario Student Assistance Program (OSAP).

The applicant argued that the 'time in study' structure of the programs disproportionately burdened students with disabilities, who often take longer to complete their studies and thus accrue more debt.

The court found that while the legislation establishing the CSLP did not violate s. 15(1) of the Charter, the operation and administration of the program infringed the applicant's equality rights by failing to redress the additional debt she accrued due to her disabilities.

The court held that this infringement was not justified under s. 1 of the Charter.

The court granted declaratory relief and ordered the return of monies paid by the applicant pursuant to the unconstitutional operation of the CSLP, but denied her request for Charter damages.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including weekly income benefits and the cost of physiotherapy and transportation.

The insurer denied benefits, arguing that the applicant's disabilities arose from a previous work-related injury for which she was receiving WCB benefits.

The arbitrator found that the applicant's pre-existing back injury was the principal cause of her inability to work, and dismissed the claim for weekly income benefits.

However, the arbitrator found it was reasonable for the applicant to undergo an initial 12-week physiotherapy program to alleviate neck symptoms, and ordered the insurer to pay for those treatments and associated transportation costs.

The applicant was awarded 50 percent of her arbitration expenses.