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 will hear an important case that could impact their ability to do this. That case asks whether a woman referred to as “S.A.” is ineligible for Vancouver social housing because …
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 …
ODSP: Medical Treatment and the Definition of Disability
Sometimes people with mental health-related disabilities who apply to the Ontario Disability Support Program are turned down because the decision-makers think that the medical treatment they are getting isn’t serious enough. For example, ODSP decision-makers sometimes say that because a person hasn’t been hospitalized, isn’t on enough medications, or hasn’t had crisis intervention, they don’t …
ODSP: Funding for Dentures
Health benefits are a critical part of the Ontario Disability Support Program. Appropriate access to and funding for these benefits is crucial to make sure that ODSP recipients get the health-related items they need, like medications, diabetic supplies, wheelchairs, and dentures. Poor dental health can have particularly grave repercussions for the quality of life and …
Social Security Tribunal: Access to Employment Insurance for those Suffering From Addiction
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 …
