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.
