Unfortunately, people on social assistance, especially single mothers sometimes face stereotypes and prejudice. While decision-makers are supposed to act with an open mind and treat people fairly sometimes they fail to do so. The Social Benefits Tribunal is required to record all appeal hearings so that if a person believes their appeal hearing was unfair, …
ODSP: Treatment and the Definition of Disability
The eligibility rules for Ontario Disability Support Program (ODSP) benefits do not require a person to undergo specific medical tests, treatments or referrals. Instead, decision-makers must look at how a person’s health problems impact them overall. In doing so they are supposed to rely on the information given by the person and by the health …
ODSP: Bias and the Definition of Disability
When a person with a disability appeals a decision to refuse them ODSP benefits, they have the right to have their appeal hearing conducted fairly. The Tribunal must listen to their testimony with an open mind before making a decision. It must also consider information about the person’s health conditions in light of their personal …
Drug Benefits for Social Assistance Recipients: S.S. v. Ontario Public Drug Programs
The Ontario Drug Benefit is an essential program that ensures that social assistance recipients and seniors can access the medications they need. However, the Ontario Drug Benefit does not cover the costs of all medications. ISAC co-counselled with Mississauga Community Legal Services on a case about a medication that the Ontario Drug Benefit refused to …
ODSP and the definition of “disability”: M.C. v. ODSP
ODSP is an essential program for persons with disabilities who have no or very limited sources of income. The way the program defines disability is very important. ISAC is co-counselling with Community Legal Services of Ottawa in a case that will argue that a person was wrongly denied ODSP benefits because the wrong definition of …
Discrimination against separated spouses: Smith v. ODSP and OW
The Income Security Advocacy Centre intervened in an appeal that raised the issue of whether a man with a disability who lives with his separated spouse so he can get help with his day-to-day living should be treated as a “dependant spouse.” Because social assistance treats him as a “dependant spouse”, he is ineligible for …
New Legal Challenge to ODSP’s Special Diet Allowance: Neuromyelitis Optica
Ontario Works and the Ontario Disability Support Program (ODSP) recognize that some people with disabilities will have higher food costs because their medical conditions require them to eat a special diet. Both programs provide a “special diet allowance” to people who have one or more specific medical conditions that would allow them to qualify. The …
Employment and Human Rights Law: Discrimination and Wrongful Firing of Indigenous Elder
The Income Security Advocacy Centre and Lake Country Community Legal Clinic are jointly representing an Indigenous Elder in a legal challenge to the discrimination and wrongful termination he experienced while working as an Elder for the Correctional Service Canada. The Elder is Kanien’kehá:ka (Mohawk) of Ohsweken (Six Nations) territory. He was hired to work as …
Employment Law: Right to Termination and Severance Pay
ISAC and West Scarborough Community Legal Services are working together to represent a worker who has been wrongfully denied termination and severance pay. This case had to do with a worker’s rights when it is clear that they can no longer work because of a disability. The worker in this case worked for over a …
S.A. v. Metro Vancouver Housing: Preserving Access to Social Assistance after Inheritance
Families often use a type of trust, called “Henson trusts”, as a way to support family members with serious disabilities. When money is in a Henson trust, the person in charge of the trust (the “trustee”) has control over when, how and if the money is paid out to the recipient. This kind of trust …
