Destito v. Social Benefits Tribunal (Ontario), 2012 ONSC 5236

Overview

The applicant seeks judicial review of a decision of the Social Benefits Tribunal dated December 9, 2010. Section 31(1) of the ODSPA provides a right to appeal such decisions to the Divisional Court on a question of law. The applicant failed to exercise his statutory right to appeal. The applicant also had the right to ask the SBT to reconsider their decision. The applicant made no such request.

2The applicant sought to supplement the record that was before the Tribunal with affidavit evidence. Even assuming that this affidavit was admissible, it fails to identify any “exceptional circumstances” that would justify permitting the applicant to seek judicial review.

3Mr. Chima, without any supporting evidence, informs the Court today that Mr. Destito did not appeal due to various unspecified medical difficulties.

[4]

Analysis

Judicial review is a discretionary remedy. The courts have found that it is not available where the applicant fails to take advantage of any adequate alternative remedy, except in exceptional circumstances. It is clear on the record before us that the right to appeal under s. 31(1) of the ODSPA is an adequate alternative remedy.

5The applicant has failed to identify any “exceptional circumstances” that would justify permitting the applicant to bring an application for judicial review. The comments in Stentsiotis v. Ontario (Social Benefits Tribunal) are equally applicable here:

To allow [the applicant] to bring an application for judicial review now would be to undermine the legislative scheme for review of the Tribunal’s decisions.

[6]

Disposition

The application is dismissed. No costs.