Court File and Parties

CITATION: M.I. v. Administrator, Ontario Works, Region of Peel, 2023 ONSC 5557

DIVISIONAL COURT FILE NO.: 696/22 DATE: 20231003

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

BETWEEN:

M.I.

Moving Party (Appellant)

– and –

ADMINISTRATOR, ONTARIO WORKS, REGION OF PEEL

Responding Party (Respondent)

Anu Bakshi and Adrian Merdzan, for the Appellant

Jennifer Bruce and Jayme Corcoran, for the Respondent

Anchal Bhatia, for the Proposed Intervener

HEARD in writing at Toronto: 25 September 2023

Leiper, J.

Reasons for Judgment

Introduction

[1] The South Asian Legal Clinic of Ontario (SALCO) seeks leave to intervene in this appeal from a decision of the Social Benefits Tribunal under s. 36(1) of the Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A, and under s. 81(3) of O. Reg. 134/98., as a friend of the court pursuant to Rules 13.02 and 13.03(1) of the Rules of Civil Procedure. The Appellant, M.I. is a person of South Asian background. Her social benefits were cancelled by the Tribunal because "she is not living as a single person."

[2] The context of this appeal includes gender-based violence, members of racialized groups and how assessments of marital relationships in that context can be carried out in a culturally competent manner.

[3] If granted intervener status, SALCO seeks to serve and file a factum not exceeding 20 pages and leave to make oral submissions not to exceed 15 minutes in duration.

[4] The Appellant consents to the intervention order. The Respondent takes no position, nor does the Board/Panel.

[5] SALCO is a legal clinic with a mandate to provide pro bono front-line legal advice, brief services, and legal representation to low-income South Asians in Ontario, and to engage in law reform, community development, and public legal education at the municipal, provincial, and federal levels. SALCO serves vulnerable and marginalized communities and has extensive experience in advocating to advance the rights of racialized communities in Canada, including in addressing and seeking to dismantle the impact of intersecting forms of discrimination, including Islamophobia and to supporting individuals facing gender-based violence;

[6] Based on the material filed, I find that SALCO has a real, substantial, and identifiable interest in the subject matter of this appeal, particularly the impact this decision will have on other low-income, South Asian, survivors of violence. It can assist the court with a unique and distinct perspective given its specialized expertise and experience of how violence and familial and community relations look within the South Asian community. The affidavit filed by SALCO, sworn by Executive Director Shalini Konanur, describes how relative to this appeal, SALCO's intervention can assist the court by providing context and addressing issues of the negative impact of stereotypes in determining the issues in this case.

[7] Ms. Konanur's affidavit describes SALCO's prior participation and assistance to other courts as an intervener and friend of the court. SALCO is an established legal clinic with broad experience in serving the South Asian community in Ontario.

[8] I conclude that SALCO can make a unique contribution to this appeal, will not cause any undue delay, cause prejudice to other parties and has expertise that will assist the court given the nature of the issues on appeal. I have also considered the positions of the parties: no party opposes the making of this order.

[9] I order that SALCO be permitted to leave to intervene in this appeal, leave to file a factum of up to 20 pages in length and leave to make oral submissions no longer than 15 minutes, at the hearing of the appeal.

___________________________ J. Leiper

Date: October 3, 2023

CITATION: M.I. v. Administrator, Ontario Works, Region of Peel, 2023 ONSC 5557

DIVISIONAL COURT FILE NO.: 696/22 DATE: 20231003

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

BETWEEN:

M. I.

Moving Party (Appellant)

– and –

ADMINISTRATOR, ONTARIO WORKS, REGION OF PEEL

Responding Party (Respondent)

REASONS FOR JUDGMENT

Leiper, J.

Date of Release: October 3, 2023