COURT FILE NO.: 314/07

DATE: 20070918

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

jennings, gans and coats jj.

B E T W E E N:

DIRECTOR, ONTARIO DISABILITY SUPPORT PROGRAM

Appellant

• and -

ROBERT TRANCHEMONTAGNE and NORMAN WERBESKI

Respondents

Sophie Nunnelley, for the Appellant

M. Jill Dougherty, for the Social Benefits Tribunal

Lesli Bisgould, for Legal Aid Ontario – agent for Terry Copes

HEARD at Toronto: September 18, 2007

coats J.: (Orally)

1The panel is of the view that based on the particular fact situation before us, the Decision of Del Frate J. of April 5, 2007 is correct. There is undisputed evidence from the Director that the parties agreed that the 17 volume Record would constitute the evidence at the hearing.

2Based on the wording of the Practice Direction 6, the Director had a reasonable expectation that by filing the 17 volume Record on September 22, 2006, it would constitute the Record and that the compendia would be an aid for the Tribunal.

3No determination was made by the Tribunal at the hearing as to whether the 17 volume Record was or was not evidence. The compendia were not filed as exhibits. The issue was not addressed before the Tribunal.

4In these particular circumstances, the Decision of Del Frate J. is correct. The 17 volume Record is to be included by the Tribunal in its Record for this appeal.

5The panel is not intending by this Decision to limit in any way the Tribunal’s ability to control its process. This Decision is limited to the facts before us.

6This motion is dismissed.

JENNINGS J.

7For reasons read by Coats J. The appeal is dismissed. No costs demanded and none ordered.

JENNINGS J.

GANS J.

COATS J.

Date of Reasons for Judgment: September 18, 2007

Date of Release: September 21, 2007

COURT FILE NO.: 314/07

DATE: 20070918

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

jennings, gans and coats jj.