The appellant appealed a Social Benefits Tribunal (SBT) decision denying him income support under the Ontario Disability Support Program Act.
The appellant argued the SBT erred in law by ignoring evidence of his mental health impairments, engaging in discriminatory reasoning regarding his substance use disorder, and failing to apply the 'whole person' test.
The Divisional Court allowed the appeal, finding the SBT misapprehended the appellant's testimony, made contradictory findings, and improperly blamed the appellant for his inability to comply with treatment due to his disabilities.
The matter was remitted to a differently constituted panel of the SBT for a new hearing.
