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 is an important case, because it has 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 …
S.A. v. Metro Vancouver Housing: Preserving Access to Social Assistance after Inheritance
Families often use trusts to support family members with serious disabilities who also receive supports from social assistance. On April 25, 2018, the Supreme Court heard an important case that could impact their ability to do this. In that case, a woman referred to as “S.A.” was denied a rent subsidy in Vancouver social housing …
Privacy Rights and Access to Information: Toronto Star v. Ontario
The Freedom of Information and Protection of Privacy Act (FIPPA) requires that the Ontario government protect the personal information of individuals, and sets out a process whereby people and institutions can request access to government-held information. Under FIPPA, an individual’s personal information can only be disclosed with their consent or where that information does not …
Canadian Human Rights Commission v. Attorney General of Canada
Where can you go when government benefit programs discriminate against you? The Supreme Court of Canada will be hearing an important case about that issue on November 28, 2017. The Government of Canada is responsible for a number of very important programs and social benefits that people rely on in order to get by, including …
Reilly v. Ford Motor Company: Challenge to the deduction of CPP-D benefits from private disability insurance payments
Disability insurance plays a critical role in ensuring that those who are off work due to disability have access to the income they need to survive. Every worker contributes to the Canada Pension Plan and many also rely on private disability insurance payments provided through their employer. However, these private disability payments are always less …
Abbey v. Director of ODSP: Discriminatory treatment of business income
The Ontario Disability Support Program provides income supports and other benefits that are intended to ensure recipients can live as independently as possible. The program includes supports for those who are working or operating their own businesses, with the goal of breaking down barriers to employment. However, when an ODSP recipient, Sheryl Abbey, began her …
Jurisdiction of the Social Security Tribunal Appeal Division
ISAC co-counselled with Mississauga Community Legal Services on a judicial review at Federal Court that concerns the jurisdiction of the Social Security Tribunal – Appeal Division when hearing appeals. The case concerned a woman who was granted CPP-Disability Benefits by the Social Security Tribunal. She had multiple health impairments from working as a health care …
ODSP: Supporting Recipients to Get to Medical Treatment
Many persons with disabilities face higher costs of living, including the cost of travel to medical treatment. Accessing medical treatment is vital to ensure the health and wellness of Ontario Disability Support Program recipients. In recognition of this need, ODSP reimburses recipients for their costs of medical travel. The program covers the full cost of …
