COURT FILE NO.: 666/03

DATE: 20051205

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

THEN, LAX AND SWINTON JJ.

B E T W E E N:

TINA OLIVEIRA

Appellant

• and -

DIRECTOR, ONTARIO DISABILITY SUPPORT PROGRAM, MINISTRY OF COMMUNITY, FAMILY AND CHILDREN’S SERVICES

Respondent

John Ross Done, for the Appellant

Rebecca J. Givens, for the Respondent

HEARD at Toronto: December 5, 2005

SWINTON J.: (Orally)

1The issue in this appeal is whether the Social Benefits Tribunal erred in law in concluding that the appellant was entitled to receive fifty percent of the basic needs component of the income support for her three children, rather than one hundred percent each month.

2The task of the tribunal was to determine if the three children were “dependent children” and part of the mother’s benefit unit under s.2(3) of Ontario Regulation 222/98 and, in particular, s.2(3)(c).

3The tribunal concluded that the appellant shared primary care and control of the children with her ex-husband because of a joint custody arrangement in their separation agreement. Specifically, the tribunal found that she “had primary care and control of the children 50% of the time” and she “has primary care and control of her children every other week”. Therefore, the tribunal held that the appellant was entitled to half of the children’s basic needs portion of the income support every month.

4The standard of review in this appeal is correctness. We see no error on the part of the tribunal in concluding that the appellant was only entitled to fifty percent of the basic needs portion of the income support for the children, because they were only “dependent children” for fifty percent of the time. Therefore, the appeal is dismissed.

THEN J.

5I have endorsed the appeal book as follows: “This appeal is dismissed for oral reasons of the Court read by Swinton J. No costs sought and none are awarded.”

THEN J.

LAX J.

SWINTON J.

Date of Reasons for Judgment: December 5, 2005

Date of Release: December 14, 2005

COURT FILE NO.: 666/03

DATE: 20051205

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT