Geoffrey Baker

The Director of the Ontario Disability Support Program appealed a Divisional Court decision that set aside a Social Benefits Tribunal ruling denying the respondent disability benefits.

The Court of Appeal held that the Divisional Court erred in its interpretation of s. 4(1) of the Ontario Disability Support Program Act by conflating the separate inquiries for 'substantial impairment' and 'substantial restriction' in activities of daily living.

However, the Court of Appeal upheld the Divisional Court's finding that the Tribunal made a palpable and overriding error by misapprehending the respondent's employment history.

The appeal was dismissed and a new hearing was ordered before a different member of the Tribunal.

The appellant appealed an order dismissing his application to vary support.

The Court of Appeal found that the motion judge erred in rejecting the appellant's medical evidence, which indicated he was unable to work full-time.

Given the conflicting evidence regarding the appellant's ability to work, the motion judge should have ordered the trial of an issue.

The appeal was allowed, the order set aside, and the trial of an issue ordered.