Her Majesty the Queen in Right of Ontario brought a motion for summary judgment to dismiss the plaintiff's claim regarding his sponsorship of his former spouse as a permanent resident.
The plaintiff sought a declaration that his former spouse was not entitled to social assistance she received and a return of monies confiscated due to his sponsorship obligation, arguing an implied term that repayment only applied to rightful payments and that estoppel applied.
The court, relying on Supreme Court precedent, held that a sponsor's statutory obligation to reimburse social assistance is absolute, regardless of whether the sponsoree obtained benefits fraudulently, and that estoppel does not apply against a statute.
The motion for summary judgment was granted, and the plaintiff's action against Ontario was dismissed.
