CITATION: Ashley v. Director of the Ontario Disability Support Program, 2019 ONSC 2735
DIVISIONAL COURT FILE NO.: DC-18-2430
DATE: 2019/05/01
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SWINTON, DOYLE, ROGER, JJ.
BETWEEN:
William Ashley
Appellant
– and –
Director of the Ontario Disability Support Program
Respondent
Self-represented
Cheryl Ellison, for the Respondent
HEARD at Ottawa: May 1, 2019
SWINTON, J. (Orally)
[1] The Appellant, William Ashley, appeals from a decision of the Social Benefits Tribunal (the “Tribunal”) dated September 13, 2018 affirming the March 4, 2016 decision of the Director of the Ontario Disability Support Program (“ODSP”) to terminate his ODSP benefits effective February 1, 2016.
[2] The Appellant’s benefits were terminated because he had been absent from the province of Ontario for a period exceeding thirty (30) days contrary to s. 7 of O.Reg. 222/98 (the “Regulation”) without the Director’s approval for his absence.
[3] The Appellant had travelled to Mexico in December 2015 and missed his return flight because of illness caused by food poisoning. On January 29, 2016, he informed ODSP of his illness, and the fact that he did not have sufficient funds for a return flight. He returned to Ontario around March 29, 2016. He did not provide any medical verification that he had had to remain in Mexico because of illness.
[4] Section 7 of the Regulation permits the Director to approve an absence from Ontario for a period over 30 days in three circumstances: where the recipient is obtaining approved out-of- country medical treatment, attending a post-secondary institution or is absent as a result of exceptional circumstances. The Director concluded that none of these conditions applied, and the Tribunal found no error in the decision.
[5] An appeal lies from the decision of the Tribunal to this Court only on question of law. (Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B, s. 31). The standard of review is reasonableness.
[6] The Appellant has identified no error of law by the Tribunal. He does not contest that he was outside the country for more than thirty (30) days, and he also concedes that he was ineligible for ODSP benefits because he was in receipt of OSAP benefits for the period from January to April, 2016.
[7] The Appellant’s argument today focuses on the termination of his benefits, rather than a suspension. There was no error by the Director in terminating the benefits. Pursuant to s. 7, the Appellant was no longer eligible for benefits, as the Director and the Tribunal properly found.
[8] The Appellant has not demonstrated that he was denied procedural fairness by the Tribunal. He alleges a failure of due process by caseworkers. This issue should have been raised before the Tribunal. It is too late to raise this new issue for the first time on appeal.
[9] For these reasons, the appeal is dismissed. The Director does not seek costs.
___________________________ Swinton, J.
I agree
Doyle, J.
I agree
Roger, J.
Date of Reasons for Judgment: May 1, 2019
Date of Release:
CITATION: Ashley v. Director of the Ontario Disability Support Program, 2019 ONSC 2735
DIVISIONAL COURT FILE NO.: DC-18-2430
DATE: 2019/05/01
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, DOYLE, ROGER, JJ.
BETWEEN:
William Ashley
Appellant
– and –
Director of the Ontario Disability Support Program
Respondent
ORAL REASONS FOR JUDGMENT
SWINTON, J.
Date of Reasons for Judgment: May 1, 2019
Date of Release: