ISAC is co-counselling 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 concerns a woman who was granted CPP-Disability Benefits by the Social Security Tribunal. She had multiple health impairments from working as a health …

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 …

People who pay in to the Employment Insurance (“EI”) system are eligible for EI Regular Benefits when they lose their job. Too often, people who lose their job due to issues around addiction are denied EI due to the way the law treats addictions in this context. Someone claiming benefits can be disqualified from receiving …

The Canada Pension Plan is a social insurance program that is meant to help those who find themselves disabled and unable to work. To qualify for a CPP disability pension, a person must be “suffering from a severe and prolonged mental or physical disability.” A disability is considered to be severe when a person is …

Prior to April 2012, a body called the Review Tribunal had the responsibility to hear appeals of decisions about Canada Pension Plan (CPP) issues. That Tribunal was replaced with the Social Security Tribunal (SST) in April 2012. ISAC to argue that the SST made a legal error when it refused to allow us to participate …

The Ontario Disability Support Program (ODSP) provides monthly supports to low-income Ontarians who meet the law’s definition of “a person with a disability.” In Ontario, “disability” is defined broadly, and includes people with both permanent and temporary medical conditions who are experiencing “substantial” impairments and restrictions. ISAC is concerned that there are people who should …

In November 2014, Ontario’s new social assistance computer program went live. The computer program caused wide-spread problems, including recipients receiving the wrong benefit amounts, getting faulty suspension letters and not receiving health-related benefits. The union representing ODSP workers started arguing that the computer system is resulting in violations of the Charter rights of social assistance …

Kelly Lesiuk was denied Employment Insurance (EI) benefits because, as a mother working part-time, she was unable to accumulate the number of work hours necessary to qualify. Ms. Lesiuk launched a Charter challenge to the eligibility requirements, arguing that they discriminate against women and mothers. In March 2001, the Umpire held that the eligibility rules …

Ms. Miller challenged the reduction in the regular benefit period for Employment Insurance (EI) claimants who have previously received special benefits such as maternity, parental or disability benefits. She argued that this automatic reduction violated the right to equality found in the Canadian Charter of Rights and Freedoms by discriminating against pregnant women and working …

In 2002, ISAC represented  in the inquest into the death of Kimberly Rogers. The year before, Kimberly Rogers had been found dead in her Sudbury apartment. She had been under house arrest after being convicted of welfare fraud for collecting OSAP loans while on social assistance. She was eight months pregnant and Sudbury was experiencing …

Since the implementation of the Canada Child Tax Benefit (CCTB) by the federal government in July 1998, the province of Ontario deducted the National Child Benefit Supplement (NCBS) portion of this benefit from income assistance paid to families with children who are receiving social assistance. ISAC represented three individuals in a Charter challenge to this …

Ms. Pavon was an ODSP recipient who accrued an overpayment due to an error by her ODSP worker. She requested an internal review more than one year after the decision. The Social Benefits Tribunal refused to hear her appeal on the basis that the one-year limitation period had passed. ISAC appealed Ms. Pavon’s case to …

ISAC co-counselled with the Renfrew County Legal Clinic and Halton Community Legal Services on four Divisional Court appeals relating to the denial of the medical travel allowance. The cases involved four individuals with mental health issues who must travel a considerable distance in order to access mental health therapies. Public transportation is either unavailable or …

In February 2011, ISAC appeared before the Court of Appeal for Ontario in a case challenging ODSP’s policy of attributing child support as income to adult children, even in cases where the adult children had no access to the child support payments. Ms. Ansell is a young woman who applied for ODSP benefits in her …

ISAC intervened at the Court of Appeal for Ontario in a case challenging the section of the Ontario Disability Support Program Act that denied benefits to persons with addictions. ISAC argued that the law violated the Human Rights Code because it discriminated on the basis of disability. ISAC also argued that the Court should not …

ISAC represented three individuals in a class action Charter challenge to the mandatory deduction of $100 each month from social assistance recipients who had been sponsored to come to Canada. The challenge was to be based on the argument that the mandatory deductions denied all sponsored immigrants the equal benefit of the law, as guaranteed …

ISAC is co-counselling with Niagara North Community Legal Assistance to represent 102 migrant workers who were denied Employment Insurance parental benefits. Each year thousands of migrant agricultural workers come to Canada on a temporary basis through the Seasonal Agricultural Workers Program (SAWP). While they perform essential work, these workers have fewer rights than other workers …

In order to sponsor certain family members to come to Canada, sponsors have to establish that they have the “minimum necessary income” as required by Canada’s immigration regulations. The income requirement prevents low income people from sponsoring their parents and grandparents to come to Canada. While the regulations allow people who receive ODSP to sponsor …

Led by the Advocacy Centre for Tenants Ontario (ACTO), tenant advocates and a group of homeless and inadequately housed individuals commenced a Charter application arguing that Ontario and Canada have violated the Charter by failing to provide an effective affordable housing program. The governments of Ontario and Canada brought a motion to have the case …

This case was about whether or not the law allows the Director of ODSP and the Social Benefits Tribunal to waive collection of overpayments in particular circumstances. For many years, people were able to appeal OW or ODSP overpayments to the Social Benefits Tribunal in situations where repaying the debt would not have been fair. …

ISAC co-counselled with the Grey-Bruce Community Legal Clinic in a Divisional Court appeal of a decision denying ODSP benefits. The issue involved the type of new medical evidence that the Social Benefits Tribunal and the Director of ODSP must consider when making a determination about an application for ODSP. New medical evidence is important because …

In 2006, the Ontario government overhauled the eligibility rules for the Special Diet Allowance, a benefit available to Ontario Works and ODSP recipients who face extra costs because of special dietary needs. Many recipients found that their allowance was drastically reduced or was cancelled altogether. The lack of funding for the foods they needed was …

In 2011/2012, the College of Physicians and Surgeons of Ontario held a disciplinary hearing involving Dr. Wong. The case had to do with the manner in which Dr. Wong completed Special Diet Allowance application forms. ISAC was granted permission to intervene in the case, to address the potential impact this case could have on social …