The appellant appealed a decision of the Social Benefits Tribunal upholding the Director's determination that she was not a 'person with a disability' under the Ontario Disability Support Program Act.
The appellant argued the Tribunal erred in law by disregarding a new medical report from her family doctor and by distinguishing between 'ache' and 'pain'.
The Divisional Court dismissed the appeal, finding the Tribunal did not err in law in affording no weight to the medical report as it did not relate to the appellant's condition at the time of the Director's decision, and that the Tribunal's interpretation of the appellant's evidence regarding her symptoms was a matter of weighing evidence, not an error of law.
