Canada Case Law

Lowe Estate v. Nova Scotia (Assistance Appeal Board)

Court

Supreme Court of Nova Scotia

Applying the modern purposive approach and Vavilov's reasonableness standard, the Court found the Board erred in its reasoning by equating the undefined term 'accommodation' with the separately defined term 'home' and by importing the Policy Manual as if it were binding; however, on proper contextual and purposive analysis of the ESIA and its Regulations the concept of 'accommodation' in ss.48–50 requires stable, secure and reasonably permanent living arrangements and a tent does not meet that standard, so a tent is not an 'accommodation' for the purposes of s.49 and enhanced benefits do not…

Source excerpt

• Reasonableness standard of review (vavilov)
• Interpretation of 'accommodation' in regulations
• Eligibility for enhanced benefits
• Deference to policy manuals
• Substantive equality considerations

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D. (C.) N. v. Nova Scotia (Minister of Justice)

Court

Nova Scotia Court of Appeal

Because both appeals were argued and decided on their merits and the Court issued Orders based on an assessment of the merits, the Court had exhausted its jurisdiction (was functus officio) and therefore could not re-open the appeals; the motion to review the Chambers Orders was dismissed.

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• Reopening appeals
• Leave to appeal
• State-funded counsel
• Interlocutory appeals
• Functus officio

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Tan v. British Columbia (Social Development and Poverty Reduction)

Court

Supreme Court of British Columbia

The court struck Li Wen Tan’s claim against the Ministry over PWD reductions tied to CPPD benefits, finding no viable cause of action and no leave to amend.

• Pwd benefits
• Cpp disability benefits
• Unjust enrichment
• Abuse of process
• Collateral benefits
• Statutory interpretation

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O'Brien v. The King

Court

Tax Court of Canada

The tribunal held that for the purpose of re-determining CCB entitlement under s.122.62(5) the surviving spouse's 'income' must be taken to mean her assessed income for the base taxation year less amounts allotted to her under s.56(1)(u)(ii) that were generated by the deceased spouse and ceased on death, because including such allotted social assistance payments defeats the statutory purpose and produces an absurd result; accordingly the Minister's re-determinations must be redone excluding those amounts.

Source excerpt

• Subsection 122.62(5)
• Subparagraph 56(1)(u)(ii)
• Allocation of spouse income
• Re-determination of benefits upon death
• Absurdity doctrine

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Deal v. Government of Nova Scotia

Court

Supreme Court of Nova Scotia

The undisputed evidence showed NECH only assisted with filings and did not have statutory authority to terminate income assistance, the decision to terminate was made by DCS under the ESIA, and there was no evidentiary basis that NECH caused a compensable psychiatric injury; therefore there was no genuine issue of material fact and no real chance of success for the plaintiff against NECH, so summary judgment dismissing the action against NECH was appropriate.

Source excerpt

• Summary judgment
• Psychiatric injury
• Negligence and intentional infliction of mental suffering
• Income assistance eligibility
• Service against the crown

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Nagel v. Nova Scotia (Community Services)

Court

Supreme Court of Nova Scotia

The applications for state-funded counsel and for appointment of an amicus curiae were denied because the applicant failed to demonstrate state action engaging Section 7 security of the person or any exceptional circumstances warranting Rowbotham-type relief in an administrative matter, and an amicus was not essential to the court's function despite the applicant's voluminous and unclear filings; moreover the substantive appeal was effectively moot as the applicant was receiving the correct assistance.

Source excerpt

• State-funded counsel
• Amicus curiae
• Section 7 charter
• Judicial review
• Mootness

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Bradford v. Bradford

Court

Supreme Court of British Columbia

The court refused to declare care allowances for a developmentally disabled adult to be non-income, holding some portion may be imputed under the Guidelines.

• Child support
• Spousal support
• Income attribution under federal child support guidelines
• Treatment of non-taxable care allowances
• Child-support
• Spousal-support

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Eggberry v. British Columbia (Minister of Social Development and Poverty Reduction

Court

Supreme Court of British Columbia

Judicial review of a tribunal decision on income assistance, reporting cycles, and CERB/CRB exemptions. The petition was dismissed as the decision was not patently unreasonable.

• Reporting cycle policy
• Overpayment recovery
• Cerb/crb income exemptions
• Statutory interpretation
• Standard of review (patent unreasonableness)
• Administrative-law

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Popenko v. Killam Apartment REIT

Court

Nova Scotia Small Claims Court

On the evidence there was a serious triable question whether the Bank was entitled to debit social assistance and disability payments by contractual offset; because those deductions appeared to have contributed to the tenant’s arrears, interim relief was necessary to preserve the status quo pending resolution, including adding the Bank as respondent, ordering cessation and return of deductions, staying the Residential Tenancy Order, and imposing a repayment schedule.

Source excerpt

• Rent arrears
• Right of set-off/offset
• Garnishment limits
• Stay of execution/eviction
• Interim injunctive relief
• Automatic bank transfers

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G.(R.) v. Nova Scotia (Department of Community Services)

Court

Nova Scotia Court of Appeal

The Board's interpretation of s.46 was reasonable: the plain wording permits a supervisor to exempt an applicant from provisions regarding calculation of the budget deficit, which includes the prescribed shelter allowance; where a supervisor considers it necessary to protect health or safety, that exemption can result in increasing the shelter allowance for purposes of calculating assistance; the Court restores the Board's decision and grants deference to the tribunal's interpretation.

Source excerpt

• Discretion under regulations
• Shelter allowance calculation
• Budget deficit calculation
• Standard of review - reasonableness
• Confidentiality order

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