2 total
Appeal from Social Benefits Tribunal dismissed as no error of law found in weighing medical evidence.
The appellant appealed a decision of the Social Benefits Tribunal upholding the Director's denial of his application for income support as a disabled person under the Ontario Disability Support Program Act.
The appellant argued the Tribunal erred in law by disregarding and misapprehending medical evidence, specifically by discounting reports from one family physician in favour of another.
The Divisional Court dismissed the appeal, finding the Tribunal carefully reviewed the medical evidence, noted discrepancies with the appellant's testimony, and made no palpable or overriding error of fact.
Acquittal restored; cross-appeal alleging animal neglect dismissed.
The appellant challenged a summary conviction appeal court decision that had interfered with a trial acquittal on the first count in an animal welfare prosecution.
The Court of Appeal held that there was evidence on which the trial judge could reasonably make the necessary findings and that the summary conviction appeal court judge erred in law by treating the verdict as perverse.
On the cross-appeal, the prosecuting society argued that the respondent should have been convicted on a second count for failing to authorize veterinary treatment, but the court held the evidence could not support a finding of wilful neglect or failure to provide suitable and adequate care.
Leave was granted on both matters, the appeal was allowed, the cross-appeal was dismissed, and no costs were ordered.
