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
Kenneth J. Hale, for the Appellant
Cheryl Ellison, for the Respondent
HEARD at Toronto: June 13, 2007
JENNINGS J.: (Orally)
[1] An 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.
[2] The 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.
[3] The 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.
[4] The appeal, accordingly, must be dismissed. No costs being demanded, there will be no order as to costs.
CARNWATH J.
[5] I 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