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ODSP - Internal Reviews. 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):
[2] By way of brief background, in July 2023, the Director of the Ontario Disability Support Program (ODSP) decided to cancel the appellants’ income support because their income from other sources exceeded the threshold for entitlement to ODSP. The appellants were given notice of their right to request an internal review, which had to be requested within 30 days and, if late, had to be accompanied by reasons explaining the delay. The Director did not give an extension of time. Although disputed by the appellants both before the Tribunal and in this Court, the Director found that the Appellants were late. No explanation had been provided. The extension was denied.
[3] The appellants then sought to appeal the decision to cancel their ODSP benefits to the Tribunal. The Director raised a preliminary jurisdiction issue because there had not been an internal review. In case management of the appeal, the Tribunal directed that the preliminary jurisdiction issue would proceed first, in writing. This process decision was made having regard for all the circumstances including two adjournments of in-person hearings. The appellants filed very lengthy written materials for the written hearing. In their appeal materials, the appellants raised many issues, including their position that they were not actually late and arguments regarding previous Tribunal decisions about their benefits.
[4] As set out in the Decision, the Tribunal considered the evidence and found that the appellants were late. The Tribunal then held that it had no jurisdiction to proceed with the appeal. The Tribunal applied Walsh v. Ontario (Disability Support Program), 2012 ONCA 463. At paras. 55 and 58, Walsh holds that the decision to deny a request to extend the time to seek an internal review is not appealable to the Tribunal and the Tribunal cannot consider an appeal from the Director’s decision to end the benefits without an internal review.
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[16] .... The Tribunal applied the legal principles in the Walsh decision to the facts without legal error, concluding that there was no jurisdiction.
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