Court File and Parties
COURT FILE NO.: 723/02
DATE: 20040615
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, WHALEN and SWINTON JJ.
B E T W E E N:
JOHN THOMAS Appellant
- and -
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM Respondent
Counsel: John A. McKean, for the Appellant Rebecca J. Givens and Geoffrey Baker, for the Respondent
HEARD: June 15, 2004
Oral Reasons for Judgment
WHALEN J.: (Orally)
[1] The evidence before the Tribunal included extensive reports by the appellant and his family doctor on the Ministry’s prescribed form and in response to the Ministry’s questions and information requirements.
[2] Further medical information was also received. In all, there were at least three medical opinions, including from one specialist, confirming the conditions and their long-term disabling effect.
[3] Unfortunately, the Tribunal did not make findings on these crucial pieces of evidence. The appellant’s description of his conditions and their effect, both in writing and vice voce, together with the supporting medical opinions were the heart of this proceeding.
[4] The Tribunal was obligated to address this evidence and make findings of fact; See Gray v. Ontario (Director of Ontario Disability Support Program) (2002), 212 D.L.R. (4th) 353, (Ont. C.A.), para. 33; Ontario Disability Support Program Act, 1997, Ontario Regulations 222/98, a.m., s.67(3). It did not. This is an error in law.
[5] Mr. McKean conceded that the evidence in question, properly considered, could result either in a finding of substantial impairment, or not.
[6] Accordingly, it is appropriate to order that the decision be set aside and the matter dealt with by a Tribunal differently constituted in accordance with the approach articulated by the Ontario Court of Appeal in Gray v. Director of the Ontario Disability Support Program, (supra) at paras. 9, 10, 16 and 17.
THEN J.
[7] This appeal is allowed for oral reasons by the Court and read by Whalen J. I have endorsed the appeal book.
[8] No costs are sought and none are awarded.
THEN J.
WHALEN J.
SWINTON J.
Date of Reasons for Judgment: June 15, 2004
Date of Release: June 22, 2004
COURT FILE NO.: 723/02
DATE: 20040615
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, WHALEN and SWINTON JJ.
B E T W E E N:
JOHN THOMAS Appellant
- and -
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM Respondent
ORAL REASONS FOR JUDGMENT
WHELAN J.
Date of Reasons for Judgment: June 15, 2004
Date of Release: June 22, 2004