ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, JENNINGS AND WHITTEN JJ.
B E T W E E N:
BETTY TICIC Appellant
- and -
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM OF THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES Respondent
Kenneth J. Hale, for the Appellant
Cheryl Ellison, for the Respondent
HEARD at Toronto: June 13, 2007
JENNINGS J.: (Orally)
1An appeal to this Court from a decision of the Social Benefits Tribunal is available only on a question of law. Accordingly, the standard of review is correctness.
2The appellant submits the error of law committed by the Tribunal was its failure to appreciate the medical evidence before it. Accepting that a failure to appreciate, or disregarding, relevant evidence can amount to an error of law, we do not find that either took place in this case.
3The Tribunal considered all of the evidence including the medical evidence and determined that the appellant did not have a substantial impairment. The reasons of the Tribunal show sufficient analysis of the evidence and a proper application of s.4(1) of the Ontario Disability Support Program Act. Assuming, without deciding that the appeal raises a question of law, we find the Tribunal is correct.
4The appeal, accordingly, must be dismissed. No costs being demanded, there will be no order as to costs.
CARNWATH J.
5I have endorsed the Appeal Book as follows: “Dismissed for oral reasons given by Jennings J. in Court. No order as to costs.”
JENNINGS J.
CARNWATH J.
WHITTEN J.
Date of Reasons for Judgment: June 13, 2007
Date of Release: June 15, 2007
COURT FILE NO.: 86/06
DATE: 20070613
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, JENNINGS AND WHITTEN JJ.
B E T W E E N:
BETTY TICIC Appellant
- and -
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM OF THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES Respondent
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: June 13, 2007
Date of Release: June 15, 2007