Kimaev v. Director Disability Adjudication Unit, MCSS, 2019 ONSC 6972
CITATION: Kimaev v. Director Disability Adjudication Unit, MCSS, 2019 ONSC 6972
DIVISIONAL COURT FILE NO.: 216/19 DATE: 20191202
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Swinton, Lococo and Myers JJ.
BETWEEN:
ANATOLY KIMAEV
Anatoly Kimaev, acting in person
Appellant
– and –
DIRECTOR DISABILITY ADJUDICATION UNIT, MCSS
Michelle Schrieder, for the Respondent
Respondent
HEARD at Toronto: December 2, 2019
ORAL REASONS FOR JUDGMENT
SWINTON J. (Orally)
[1] The appellant appeals a decision of the Social Benefits Tribunal (the “Tribunal”) dated April 9, 2019 that refused to reopen his appeal, launched when the Disability Adjudication Unit (“DAU”) closed his application for Ontario Disability Support Plan (“ODSP”) benefits as incomplete.
[2] After his appeal to the Tribunal was launched in January 2019, the DAU decided to consider his application on the merits, but he was refused benefits.
[3] The appellant’s Notice of Appeal seeks to overturn the Tribunal’s decision not to proceed with the January 2019 appeal, because the issue with respect to the completeness of his application had been resolved. In the present appeal, he also seeks a determination that he is eligible for ODSP benefits.
[4] An appeal lies to the Divisional Court from a decision of the Tribunal on a question of law (see s. 31(1) of the Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sch. B).
[5] The Tribunal properly refused to reopen the appellant’s appeal, because the appeal was moot once the DAU accepted the application as complete and considered it.
[6] The appellant is seeking an order that he is a person with a disability and entitled to ODSP benefits on this appeal. This Court has no jurisdiction to grant that relief, as there is no decision of the Tribunal before the Court on the issue of the appellant’s entitlement to benefits. Section 31(1) of the Act precludes this appeal.
[7] The appellant’s remedy is to seek an appeal to the Tribunal if he is within time. Otherwise, he can reapply to the Director for benefits.
[8] Accordingly, the appeal is dismissed. No costs.
___________________________ Swinton J.
I agree
Lococo J.
I agree
F.L. Myers J.
Date of Oral Reasons for Judgment: December 2, 2019
Date of Release: December 3, 2019
CITATION: Kimaev v. Director Disability Adjudication Unit, MCSS, 2019 ONSC 6972
DIVISIONAL COURT FILE NO.: 216/19 DATE: 20191202
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Swinton, Lococo and Myers JJ.
BETWEEN:
ANATOLY KIMAEV
Appellant
– and –
DIRECTOR DISABILITY ADJUDICATION UNIT, MCSS
Respondent
ORAL REASONS FOR JUDGMENT
Swinton J.
Date of Oral Reasons for Judgment: December 2, 2019
Date of Release: December 3, 2019