O'Neill

Three ODSP recipients appealed the Social Benefits Tribunal's decision denying them medical travel benefits to attend a therapeutic aquafitness program for severe mental illness.

The Tribunal had found the program was not a 'medical treatment' and questioned why alternative funding or programs were not used.

The Divisional Court allowed the appeals, holding that the Tribunal erred in law by failing to apply a purposive interpretation to the ODSPA.

The Court found the medically prescribed, psychiatrist-supervised aquafitness program constituted 'medical treatment' and that the regulation does not require applicants to prove no alternative programs or funding sources exist.

The employer applied for judicial review of a labour arbitration award that reinstated an employee who had been terminated for sexually harassing and assaulting a contract cleaner.

The arbitrator found the employee committed the acts over five years and showed no remorse, but substituted a lengthy suspension for termination because the complainant did not want him discharged and another cleaner had successfully stopped his harassment by threatening violence.

The Divisional Court held the arbitrator's decision was unreasonable, as it relied on irrelevant factors and undermined the employer's statutory duty to provide a harassment-free workplace.

The application was allowed and the termination upheld.