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.
