The appellant, a recipient of disability benefits, received a settlement for a personal injury action that included prejudgment interest.
The Director determined that the prejudgment interest was not exempt income under the Ontario Disability Support Program Act, reducing the appellant's benefits.
The Social Benefits Tribunal affirmed this decision.
On appeal, the Divisional Court held that prejudgment interest is paid 'for' pain and suffering as part of the overall compensation package.
The appeal was allowed, and the prejudgment interest was deemed exempt income.
