Appeal dismissed; Superior Court lacks jurisdiction to review Social Benefits Tribunal decisions by way of action.
The appellant commenced two actions in the Superior Court of Justice regarding a decision of the Social Benefits Tribunal requiring her to repay $1,314 in benefits received under the Ontario Works Act.
The motion judge struck out the statements of claim on the basis that the Superior Court has no jurisdiction by way of action over decisions of the Tribunal.
The Court of Appeal dismissed the appeal, confirming that the proper procedure is to appeal the decision on a question of law to the Divisional Court or seek judicial review.
Volnyansky v. Ontario (Community and Social Services), 2011 ONCA 434