3 total
ODSP appeal dismissed; Tribunal committed no error of law in weighing medical evidence and testimony.
The appellant appealed a decision of the Social Benefits Tribunal upholding the Director's finding that she was not a 'person with a disability' under the Ontario Disability Support Program Act.
The appellant argued the Tribunal erred in law by failing to properly consider a late medical report and by making adverse credibility findings without adequate reasons.
The Divisional Court dismissed the appeal, finding that the Tribunal properly admitted and weighed the medical report, and that it did not make an adverse credibility finding but rather appropriately weighed the appellant's subjective pain testimony against the objective medical evidence.
Arbitrator's decision set aside for unreasonableness, reversing onus of proof, and breaching natural justice.
The applicant hospital sought judicial review of an arbitrator's decision upholding a grievance by a social worker (OPSEU member) who claimed permanent status in a Court Support Worker position.
The position had been temporarily vacated by a nurse (ONA member) who took a short-term acting manager role.
The Divisional Court found the arbitrator's decision unreasonable because he reversed the onus of proof, ignored compelling evidence that the assignment was temporary, and breached natural justice by failing to give notice of the hearing to the ONA.
The arbitrator's decision was set aside and the matter remitted to a new panel.
Spousal support order varied to a three-year time limit to promote economic self-sufficiency.
The applicant husband appealed a spousal support order that required him to pay support for approximately eleven years before it was reviewable.
The Divisional Court allowed the appeal in part, finding the duration excessive and an error in principle given the respondent wife's age, education, and employment history.
The court varied the order to a time-limited duration of three years at $700 per month to promote economic self-sufficiency.
