The appellant appealed a decision regarding Ontario Disability Support Program benefits, arguing a conflict between sections 47(7) and 64(1)(a) of O. Reg. 222/98 concerning new medical evidence.
The Divisional Court found no conflict, holding that the Tribunal may only consider new medical evidence relating to the appellant's condition at the effective date of the Director's decision.
The appeal was allowed on consent and referred back to a differently constituted Tribunal for a rehearing, with no costs awarded.