The Director of the Ontario Disability Support Program appealed a decision of the Social Benefits Tribunal that reinstated the respondent's benefits.
The Director argued the Tribunal lacked jurisdiction because the respondent filed her appeal more than two years after the Director's decision, contrary to the one-year absolute limit in O. Reg. 222/98.
The Divisional Court agreed, finding the regulation valid and holding that the Tribunal acted without jurisdiction by hearing the late appeal.
The appeal was allowed and the Tribunal's order was set aside.
