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Weiler v. Ontario (Ministry of Community and
Social Services, Income Maintenance Branch)
Between
Ann Lisa Weiler, appellant, and
Director, Income Maintenance Branch, Ministry of Community and
Social Services, respondent
Court File No. 262/99
Ontario Superior Court of Justice
Divisional Court - Toronto, Ontario
MacFarland, MacLeod and Czutrin JJ.
February 8, 2000.
Counsel:
Rebecca Givens, for the respondent.
Simon Shields, for the appellant.
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?????The judgment of the Court was delivered by
1 ????MacFARLAND J.:-- In our view the S.A.R.B. correctly determined on the
basis of the evidence before it and the objective medical findings accepted by
the medical advisory board that the appellant was not "permanently
unemployable".
2 ????The Family Benefits Act is intended to assist certain disadvantaged groups
in society including those who are by definition permanently unemployable -
legislation designed to relieve hardship or economic disadvantage and as such is
protected by section 14(1) of the Human Rights Code. Ms. Weiler is not
disadvantaged on the finding of the Board in the way the Family Benefits Act was
designed to assist. In these circumstances it is not open to her to challenge
the ruling on the basis that her night to equal treatment has been infringed.
See O.H.R.C. v. Ontario, (1994) 19 O.R. (3d) 387 at 400.
3 ????While the Board's statement that it did not have jurisdiction to consider
matters raised under the Ontario Human Rights Code was overbroad in general
terms, it was correct on the specific facts of this case. In result the appeal
is dismissed without costs.
MacFARLAND J.
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