Pierce R.S.J.

The appellants appealed two decisions of the Social Benefits Tribunal that upheld an overpayment assessment of $60,231.86 by the Director of the Ontario Disability Support Program.

The appellants argued the Tribunal made factual and procedural errors, failed to consider certain arguments, and demonstrated bias.

The Divisional Court found no errors of law, palpable or overriding errors of fact, or evidence of bias in the Tribunal's merits decision.

The Court also dismissed the appeal of the human rights decision, finding no error in the Tribunal's treatment of the appellant's inheritance, corporate veil, or business expenses.

The appeal was dismissed with no order as to costs.

The appellant employer appealed a trial judgment finding it liable for negligent misrepresentation after the respondent signed a spousal pension waiver without reading it.

The trial judge found the waiver form was confusing and awarded damages.

On appeal, the majority of the Divisional Court upheld the trial judgment, finding that the waiver form used by the employer differed substantially from the form approved by the Superintendent of Financial Services, violating the mandatory requirements of section 46(1) of the Pension Benefits Act.

The appeal was dismissed.