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 it helps an applicant establish their eligibility for ODSP benefits.
To read the Appellant’s factum, click here: Factum - New Medical Evidence
The case was heard in October 2014. Unfortunately, the Divisional Court dismissed the appeal, deciding that the Tribunal did not make any legal errors.
ISAC filed an application for leave to appeal at the Court of Appeal arguing that the appeal raised public interest issues about evidentiary barriers for disabled applicants seeking to prove their case. To read the leave to appeal factum, click here: Ferris Leave To Appeal Factum Feb 6 2015
In June 2015, the Court of Appeal dismissed the leave to appeal. ISAC will continue to work with individual community legal clinics to help them ensure that new medical evidence is properly considered by the Social Benefits Tribunal.
– October 20, 2015