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ODSP - Appeals. 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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