Sarah Shartal Levinthal

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

The Director argued the Tribunal erred by relying on the respondent's testimony to find a 'substantial' impairment, asserting that medical evidence was required.

The Divisional Court dismissed the appeal, holding that while medical evidence is required to verify the impairment, the determination of whether it is 'substantial' requires consideration of the totality of the evidence, including the claimant's credible testimony.

The appellants commenced a proposed class action alleging that the procedures used to process claims for Ontario Disability Support Program benefits were inefficient and procedurally unfair, claiming negligence and breaches of ss. 7 and 15 of the Charter.

The motion judge struck the statement of claim but granted leave to amend the s. 7 claim solely regarding the failure to give reasons for denying benefits.

On appeal, the Court of Appeal upheld the striking of the negligence and s. 15 claims, but expanded the leave to amend the s. 7 claim to include other potential procedural fairness deficiencies beyond just the failure to give reasons.