CITATION: Rahmany v. Director of the Ontario Disability Support Progam, 2012 ONSC 519
DIVISIONAL COURT FILE NO.: 466/10
DATE: 20120120
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. CUNNINGHAM, JENNINGS AND GRAY JJ.
BETWEEN:
JAMILA RAHMANY
Appellant
– and –
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM OF THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES
Respondent
Joseph Myers, for the Appellant
Cheryl Ellison, for the Respondent
HEARD at Toronto: January 20, 2012
GRAY J. (orally)
[1] In this appeal, Ms. Rahmany argues that the Social Benefits Tribunal erred in deciding that she was not a person with a disability. Pursuant to s. 31(1) of the Ontario Disability Support Program Act, 1997, an appeal lies to this Court only on a question of law. It is common ground that if this Court has jurisdiction to hear this appeal, the standard of review is correctness. If the issue being appealed is a question of fact or mixed fact and law, the Court has no jurisdiction to hear the appeal.
[2] Section 4(1) of the Act, provides as follows:
4(1) A person is a person with a disability for the purposes of this Part, if,
(a) the person has a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more;
(b) the direct and cumulative effect of the impairment on the person’s ability to attend his or her personal care, function in the community and function in a workplace, results in a substantial restriction in one or more of these activities of daily living; and
(c) the impairment and its likely duration and the restriction in the person’s activities of daily living have been verified by a person with the prescribed qualifications.
[3] It is evident that in order to qualify as a person with a disability, a claimant must satisfy the Tribunal that he or she has a substantial physical or mental impairment that results in a substantial restriction in one or more activities of daily living, and that these elements have been verified by a person with prescribed qualifications. The onus is on the claimant to satisfy the Tribunal with sufficient evidence.
[4] In this case, the Tribunal considered the symptoms exhibited by the appellant. She had back pain for eight years. She takes Extra Strength Tylenol and Tylenol. She has been depressed for seven years. She takes no anti-depressant medication. She has had diabetes for four years. She takes no medication. She has asthma for which she uses a puffer. She has gastritis for which she takes Omeprazole. She uses no assistive devices.
[5] The appellant’s family doctor completed a Health Status Report and an Activities of Daily Living Report and filed a letter outlining her symptoms. Based on the evidence before it, the Tribunal concluded that the appellant’s impairments did not meet the threshold of substantial as set out in s.4(1) of the Act. Her back pain was managed with minimal, conservative over-the-counter medication and requires no assistive devices. Her depression was managed with no medication and with no psycho-therapy. Her diabetes was managed with diet alone. She does not require regular use of her puffer for asthma. Her family doctor had noted that her reflux, asthma, diabetes and hypertension were all stable.
[6] The Tribunal found that each impairment on its own did not meet the threshold of substantial and cumulatively they did not meet the threshold either.
[7] We are satisfied that there was an evidentiary basis for the Tribunal’s conclusion. Thus, the question before us is, at its highest, a question of mixed fact and law and this Court is deprived of jurisdiction to hear this appeal. The appeal is dismissed.
A.C.J.S.C. CUNNINGHAM
[8] I have endorsed the Appeal Book and Compendium, “The appeal is dismissed for reasons given orally. No costs.”
A.C.J.S.C. CUNNINGHAM
JENNINGS J.
GRAY J.
Date of Reasons for Judgment: January 20, 2012
Date of Release: January 30, 2012
CITATION: Rahmany v. Director of the Ontario Disability Support Progam, 2012 ONSC 519
DIVISIONAL COURT FILE NO.: 466/10
DATE: 20120120
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. CUNNINGHAM, JENNINGS AND GRAY JJ.
BETWEEN:
JAMILA RAHMANY
Appellant
– and –
DIRECTOR OF THE ONTARIO DISABILITY SUPPORT PROGRAM OF THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES
Respondent
ORAL REASONS FOR JUDGMENT
GRAY J.
Date of Reasons for Judgment: January 20, 2012
Date of Release: January 30, 2012