Court File and Parties
CITATION: Momayez v. Administrator, Ontario Works, Corporation of the City of (Kingston), 2019 ONSC 1242
DIVISIONAL COURT FILE NO.: DC-17-2299
DATE: 2019/02/19
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Ladan Momayez, Appellant
AND
Administrator, Ontario Works, Corporation of the City of Kingston, Respondent
BEFORE: Swinton, Mulligan and Raikes JJ.
COUNSEL: John R. Done, for the Appellant Andrew Reeson for the Respondent Mimi Singh for the Ministry of Children, Community and Social Services
HEARD: February 19, 2019
APPEAL UNDER ss. 36(1) of the Ontario Works Act, 1997, S.O. 1997, Chapter 25, Schedule A and ss. 81(3) of Ontario Regulation 134/98 as amended
Endorsement
By The Court
[1] The respondent agrees that this appeal should be allowed.
[2] The Tribunal reached an unreasonable decision. It failed to apply s.48 (1) of O.Reg. 134/98 in a manner consistent with the scheme and objectives of the Act.
[3] We do not find it appropriate to make a blanket finding that any refinancing of debt cannot be considered in the calculation of income with s.48 (1). We agree that the issue should be addressed on a case by case basis.
[4] The Tribunal failed to recognize that that there is an implicit discretion under s. 48(1) to exclude a loan like the present one. The loan was incurred for the purposes of debt refinancing with respect to an existing student loan, and the appellant received no actual financial benefit for the loan, in the sense of any increase in her assets.
[5] It was unreasonable to give the narrow interpretation adopted by the Tribunal, given the legislative scheme, the purpose of the Act to serve people needing assistance, and Policy Directive 5.9. The Tribunal focused on the exemptions in s.54, which are not exhaustive in determining the calculation of income under s. 48(1).
[6] The appeal is allowed, and the decision of the Tribunal dated December 28, 2016 is set aside. The matter is remitted to the Tribunal for reconsideration in light of these reasons.
[7] No costs are sought.
Swinton J.
Mulligan J.
Raikes J.
Date: February 19, 2019
CITATION: Momayez v. Administrator, Ontario Works, Corporation of the City of (Kingston), 2019 ONSC 1242
DIVISIONAL COURT FILE NO.: DC-17-2299
DATE: 2019/02/19
APPEAL UNDER ss. 36(1) of the Ontario Works Act, 1997, S.O. 1997, Chapter 25, Schedule A and ss. 81(3) of Ontario Regulation 134/98 as amended
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
RE: Ladan Momayez, Appellant
AND
Administrator, Ontario Works, Corporation of the City of Kingston, Respondent
BEFORE: Swinton, Mulligan and Raikes JJ.
MENT
THE COURT
Released: February 19, 2019