Dawood Nasir

The appellant appealed a decision of the Social Benefits Tribunal upholding the denial of her Ontario Works benefits due to having assets in excess of the allowable limit.

The Tribunal found that the appellant owned three vehicles, the value of which exceeded the $5,000 limit for a single person.

On appeal, the appellant argued the Tribunal erred in law by equating legal ownership with the definition of an 'asset' under the Act and failing to consider if the vehicles were exempt.

The Divisional Court dismissed the appeal, finding the Tribunal made no error in law as the appellant failed to adduce evidence that the vehicles were inaccessible or exempt under the regulations.

The Director of the Ontario Disability Support Program brought a motion to quash the respondent's application for judicial review.

The respondent sought mandamus to compel the Director to pay ODSP benefits based on a Social Benefits Tribunal order, and to review the actions of the Director's representatives who allegedly prevented her from re-applying for benefits.

The Divisional Court granted the motion to quash the portion of the application regarding the SBT order, finding it plain and obvious it could not succeed because the Director had not made a binding determination of financial eligibility.

However, the court dismissed the motion to quash the portion regarding the denial of the right to re-apply, finding it was a reviewable exercise of a statutory power of decision.

The court also struck portions of the respondent's affidavits but admitted evidence necessary to supplement the record regarding the denial of the right to re-apply.