The Director of the Ontario Disability Support Program appealed a Divisional Court decision that set aside a Social Benefits Tribunal ruling denying the respondent disability benefits.
The Court of Appeal held that the Divisional Court erred in its interpretation of s. 4(1) of the Ontario Disability Support Program Act by conflating the separate inquiries for 'substantial impairment' and 'substantial restriction' in activities of daily living.
However, the Court of Appeal upheld the Divisional Court's finding that the Tribunal made a palpable and overriding error by misapprehending the respondent's employment history.
The appeal was dismissed and a new hearing was ordered before a different member of the Tribunal.
