The appellant, an ODSP recipient, appealed an interim ruling of the Social Benefits Tribunal regarding its jurisdiction to hear complaints about overpayment calculations from 2010 and prior years.
The Director raised a threshold issue of prematurity, arguing that appeals to the Divisional Court under s. 31(1) of the Ontario Disability Support Program Act are only permitted from final decisions.
The Divisional Court agreed, holding that the administrative law doctrine of prematurity applies to prevent fragmentation and delay, and dismissed the appeal.
