Surdivall c. Ontario (Programme ontarien de soutien aux personnes handicapées)

Surdivall c. Ontario (Programme ontarien de soutien aux personnes handicapées)

The Court of Appeal held that the Director under the LPOSPH has broad discretion regarding overpayment recovery that includes the power to partially or wholly waive recovery where circumstances justify it, and that the Social Benefits Tribunal, on appeal, also has the authority to limit or refuse recovery consistent...

Source-derived case information.

Citation
2014 ONCA 240
Parties
Appellant: Glynn Surdivall; Respondent: La directrice du Programme ontarien de soutien aux personnes handicapées; Intervenors: Metropolitan Action Committee on Violence Against Women and Children; Arch Disability Law Centre
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
31 March 2014
Procedural Posture
Civil / Appeal to the Court of Appeal of Ontario From a Divisional Court Judgment (2012 ONSC 1851)
Outcome
Appeal allowed; Divisional Court decision overturned; Tribunal decision reinstated.
Legal Topics
Overpayment Recovery, Discretionary Power of Administrative Decision‑maker, Tribunal Powers on Appeal, Crown Debt, Access to Justice
Source Language
fr
Administrative Law Social Assistance Law Statutory Interpretation Public Law Overpayment Recovery Discretionary Power of Administrative Decision‑maker Tribunal Powers on Appeal Crown Debt +1 more

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Parties

Glynn Surdivall

Appellant

La directrice du Programme ontarien de soutien aux personnes handicapées

Respondent

Metropolitan Action Committee on Violence Against Women and Children; Arch Disability Law Centre

Intervenors

Procedural Posture

Civil / Appeal to the Court of Appeal of Ontario From a Divisional Court Judgment (2012 ONSC 1851)

  1. 1 Whether the Director of the Ontario Disability Support Program has discretion to waive or partially waive recovery of an overpayment
  2. 2 Whether the Social Benefits Tribunal (appeal tribunal) has authority to limit or refuse recovery of an overpayment set by the Director

Ratio Decidendi

The Court of Appeal held that the Director under the LPOSPH has broad discretion regarding overpayment recovery that includes the power to partially or wholly waive recovery where circumstances justify it, and that the Social Benefits Tribunal, on appeal, also has the authority to limit or refuse recovery consistent with that discretion and the statutory scheme; such discretion must be exercised reasonably and in accordance with the Act's purposes.

Court Disposition

Appeal allowed; Divisional Court decision overturned; Tribunal decision reinstated.

Orders

  • Appeal allowed and Tribunal order reinstated
  • Tribunal order reinstated: recover $1,525 (one half of $3,050) at $10 per month