Mr. Carre Successfully Defends Landmark Appeal for Ontario Works Benefits

  • Author: Dhiren Chohan
  • Published: 2018-04-03 at 14:01:03
Mr. Carré represented the Administrator, Ontario Works, City of Greater Sudbury in an appeal from Ms. G to the Divisional Court seeking entitlement to benefits under the Ontario Works Act. The central issue under appeal was whether the grandmother had demonstrated a settled intention to treat the child as a child of her family. If so, the child is not eligible for benefits under the Ontario Works Program. Ms. G was 16 years old and living with her grandmother at the time the initial decision was made that denied her benefits under the Act. The Act specifically states that a person under 18 years of age is not eligible for benefits under the Ontario Works Program if she lives with a “parent” and is not financially independent. Ms. G contested the finding of fact that her grandmother was her “parent” for the purposes of the Act. The court below made a finding of mixed law and fact that her grandmother was a “parent” as defined under the Act and that Ms. G was therefore financially dependent on her and was not eligible for benefits. In finding that the grandmother had demonstrated a settled intention to treat Ms. G as a child of her family, the Tribunal considered a number of factors as set-out by the Supreme Court of Canada in Chartier v. Chartier, which included but were not limited to the following: The Divisional Court upheld the lower tribunal’s decision and dismissed the Appeal in its entirety. The full text of the decision can be found here.
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