R. Givens

The Director of the Ontario Disability Support Program appealed a decision of the Social Benefits Tribunal finding the respondent to be a person with a disability under s. 4(1) of the ODSPA.

The Divisional Court allowed the appeal, finding that the Tribunal erred in law by accepting the respondent's self-assessment of his emotional disability and restrictions in daily living activities without the mandatory medical verification by a prescribed professional.

The decision was set aside and the matter remitted for a re-hearing before a different Tribunal member.

The appellant appealed a decision of the Social Benefits Tribunal denying her disability benefits under the Ontario Disability Support Program Act.

The Tribunal found her impairments were not sufficiently verified.

The Divisional Court held the Tribunal erred in law by applying an overly strict standard for verification and by failing to consider the cumulative effect of her physical and mental impairments.

The appeal was allowed, and the appellant was declared eligible for income support.