The appellant appealed a decision of the Social Benefits Tribunal which upheld the Director's finding that she was not a 'person with a disability' under the Ontario Disability Support Program Act.
The Tribunal found her chronic pain did not amount to a substantial impairment.
The Divisional Court allowed the appeal, finding the Tribunal erred in law by assessing the appellant's condition on her 'good days' rather than her recurrent 'bad days', and failed to make findings on the frequency and unpredictability of her bad days.
The matter was remitted for a fresh hearing.
