Court File and Parties
COURT FILE NO.: 329/06 DATE: 20080408
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
LEDERMAN, KITELEY AND SWINTON JJ.
B E T W E E N:
GORDON BONGARD Appellant
- and -
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM OF THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES Respondent
Counsel: John Ross Done, for the Appellant Cheryl Ellison, for the Respondent
HEARD at Toronto: April 8, 2008
Oral Reasons for Judgment
SWINTON J.: (Orally)
[1] The appellant appeals from the decision of the Social Benefits Tribunal, dated August 29, 2005, dismissing his appeal from the decision of the Director of the Ontario Disability Support Program cancelling his benefits.
[2] An appeal lies to this Court only on a question of law (see s.31(1) of the Ontario Disability Support Program Act, 1997, S.O. 1997, c.25, Sch. B).
[3] Pursuant to s.1(1)(a) of O.Reg.222/98, as it existed at the time the appellant’s benefits were terminated, “spouse” is defined as “a person of the opposite sex to the applicant or recipient who together with the applicant or recipient have declared to the director or to an administrator under the Ontario Works Act, 1997 that they are spouses”.
[4] The appellant submits that a declaration must be in writing and made at the same time by both individuals to the director, and that the statutory declaration signed by the appellant and Ms. Bernier is not such a mutual declaration. Therefore, the Tribunal erred in law in finding that s.1(1)(a) of the regulation had been satisfied.
[5] The Tribunal found on the basis of the signed form and all the circumstances that the requirements of s.1(1)(a) of the regulation had been satisfied. We are not persuaded that the Tribunal made an error of law. It was open to the Tribunal to take into account the surrounding circumstances to determine whether the statement made in the signed form constituted a declaration by both the appellant and Ms. Bernier.
[6] We are also satisfied that the Tribunal’s reasons are adequate, as they make findings of fact, took into account competing arguments and explained how the decision was arrived at.
[7] Therefore, the appeal is dismissed and the decision of the Director is affirmed. No costs.
SWINTON J.
LEDERMAN J.
KITELEY J.
Date of Reasons for Judgment: April 8, 2008 Date of Release: April 17, 2008
COURT FILE NO.: 329/06 DATE: 20080408
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
LEDERMAN, KITELEY AND SWINTON JJ.
B E T W E E N:
GORDON BONGARD Appellant
- and -
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM OF THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES Respondent
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: April 8, 2008 Date of Release: April 17, 2008