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ODSP - Appeals. Natotsijev v. Director of ODSP
In Natotsijev v. Director of ODSP (Ont Div Ct, 2026) the Ontario Divisional Court dismissed an ODSP appeal, this brought against a decision that the SBT "lacked the jurisdiction to adjudicate the issues raised by the appellants and made no order", here where the appellant's were late requesting an internal review of the Director's income support cancellation and where the SBT refused to extend time to do so - which resulted in the appellant's inability to appeal to the SBT (as per Walsh v. Ontario (Div Ct, 2012).
Here the court considered the appellate SOR for ODSPA s.31(1) Divisional Court appeals:[6] The appellants exercised their right of appeal to this Court, which is limited to questions of law: s. 31(1), Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sch B. On this appeal, the appellants submit that they were denied procedural fairness at the Tribunal and submit that the Tribunal erred in its Decision. The standard of review is correctness. . Swerdfiger v. Director of the Ontario Disability Support Program
In Swerdfiger v. Director of the Ontario Disability Support Program (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an appeal, here from SBT decisions "by the Director of the Ontario Disability Support Program (“ODSP”) in which the Director denied the appellant’s application for a special diet allowance (“SDA”) based on a medical condition known as “Avoidant/Restrictive Food Intake Disorder” (“ARFID”)".
Here the court considers appeals under ODSPA s.31, and their 'question of law' limitation:Jurisdiction
[15] The outcome of this appeal is limited by the scope of review provided for in the legislation under which it has been brought. Under s. 31(1) of the ODSPA, this court has jurisdiction to hear appeals regarding questions of law only, which include issues of procedural fairness. ....
[16] Equally fatal to certain aspects of the appeal are the provisions of s. 31(5) of the ODSPA, which provides that, in an appeal to this court, the court may:(a) deny the appeal;
(b) grant the appeal;
(c) grant the appeal in part; or
(d) refer the matter back to the Tribunal or the Director for reconsideration with any directions the court considers proper. [17] Because of the limited scope of the relief the court is permitted to grant, the appellant's request to amend the Tribunal's rules or to make declarations that have the effect of amending the relevant statutory provisions cannot be granted. .... . Aston v. Ontario (Disability Support Program) [SOR]
In Aston v. Ontario (Disability Support Program) (Div Court, 2024) the Divisional Court dismisses an ODSP s.31 appeal.
Here the court cites the applicable SOR:[7] The appeal to this Court is made pursuant to s. 31(1) of the ODSPA which provides that any party to a hearing before the SBT may appeal the resulting decision to the Divisional Court. Appeals are limited to questions of law.
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