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.
The Divisional Court allowed the appeal, finding the Tribunal committed a reversible error by relying on social and external factors—such as the respondent's lack of education, her husband's unemployment, and her childcare responsibilities—rather than her medical impairments to conclude she was substantially restricted in her ability to function in a workplace.
The Court also found the Tribunal's reasons to be inadequate.
The matter was remitted to a differently constituted panel for a new hearing.
