CITATION: Kimaev v. Social Services Department (City of Toronto), 2020 ONSC 1281
DIVISIONAL COURT FILE NO.: 535/19 DATE: 20200226
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SACHS, BACKHOUSE and MEW JJ.
BETWEEN:
ANATOLY KIMAEV
Anatoly Kimaev, acting in person
Appellant
– and –
CC Administrator, Social Services Department, City of Toronto
Carol Smith, for the Respondent
Respondent
HEARD at Toronto: February 26, 2020
SACHS J. (Orally)
[1] The appellant appeals a decision of the Social Benefits Tribunal (the “Tribunal”) dated July 23, 2019 that refused to overturn the Ontario Works Administrator’s refusal to grant the appellant financial assistance for shelter costs.
[2] The basis for the Administrator’s refusal was that the appellant did not present evidence that he had incurred shelter costs.
[3] An appeal lies to this court from a decision of the Tribunal on a question of law (s. 36(1) of the Ontario Works Act, 1997 S.O. 1997, c.25, Sch. A) (the “Act”)).
[4] The appellant submits that the Tribunal erred in law when it applied Regulation 134/98 (the “Regulations”) passed pursuant to the Act to deny him shelter costs since the Regulation contradicts the Act. Specifically, according to the appellant, s. 2 of the Act defines “income assistance” as “assistance provided for purposes of basic needs and shelter”. When it comes to receiving the basic needs portion of income assistance (the example used was a loaf of bread), there is no need to provide a receipt to demonstrate that the cost was incurred. Therefore, why should the appellant have to provide evidence of incurred shelter costs before receiving the shelter cost portion of income assistance?
[5] The answer to the appellant’s question is contained in s. 7 of the Act which states that “Income assistance should be provided in accordance with the regulations, to persons who satisfy all conditions of eligibility under this Act and the regulations.” Thus, the legislature has specifically stated that the conditions of eligibility for all income assistance are to be set out by way of regulation.
[6] Under s. 42 of the Regulation, the assessed portion for the amount paid for shelter should be the lesser of the “actual costs payable for shelter” and a “maximum amount payable for shelter in accordance with [a Table set out in the Regulation]”. Since the appellant incurred no cost for shelter, he is not entitled to anything for shelter.
[7] For these reasons, we find that the Tribunal made no error in law when it refused to overturn the Administrator’s decision. The appellant’s appeal is dismissed.
[8] I have endorsed the Appeal Book and Compendium as follows: “The appeal dismissed for reasons given orally by Sachs J. In view of the appellant’s indigent circumstances, there will be no order to costs.”
___________________________ Sachs J.
I agree
Backhouse J.
I agree
Mew J.
Date of Oral Reasons for Judgment: February 26, 2020
Date of Release: February 27, 2020
CITATION: Kimaev v. Social Services Department (City of Toronto), 2020 ONSC 1281
DIVISIONAL COURT FILE NO.: 535/19 DATE: 20200226
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SACHS, BACKHOUSE and MEW JJ.
BETWEEN:
ANATOLY KIMAEV
Appellant
– and –
CC Administrator, Social Services Department, City of Toronto
Respondent
ORAL REASONS FOR JUDGMENT
SACHS J.
Date of Oral Reasons for Judgment: February 26, 2020
Date of Release: February 27, 2020