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Appeal of fraud conviction dismissed; knowing delay in reporting income to social assistance constituted dishonesty.
The appellant was convicted of fraud over $5,000 for failing to report a $9,500 Canada Pension Plan payment to the Ontario Disability Support Program for over five months.
On appeal, she argued the trial judge erred by not expressly addressing whether a reasonable person would consider the delay dishonest given the complexity of the social assistance system.
The Court of Appeal dismissed the appeal, finding the trial judge correctly stated the law and reasonably concluded the appellant's knowing delay and immediate withdrawal of the funds constituted a dishonest act.
Rent reduction ordered by Landlord and Tenant Board is not exempt from social assistance income calculations.
The appellant, a recipient of Ontario Disability Support Program benefits, appealed a decision of the Social Benefits Tribunal.
The Tribunal had upheld the Director's decision to recover an overpayment resulting from a rent reduction ordered by the Landlord and Tenant Board.
The appellant argued the rent reduction constituted damages for breach of contract and should be exempt from income calculations under the regulations.
The Divisional Court held the Tribunal correctly interpreted the regulation to exclude only damages for pain and suffering or actual expenses from injury.
The Court also upheld the Tribunal's procedural practice of bifurcating human rights challenges from the merits of the appeal, finding it consistent with procedural fairness.
