Ontario’s Social Benefits Tribunal has reinstated Temporary Care Allowance to an Oshawa grandmother thanks to the diligence and dedication of Douglas Stewart, an associate in the Litigation and Dispute Resolution Group at Fraser Milner Casgrain LLP in Toronto.
The grandmother received a notice in 2008 from Ontario Works informing her that her Temporary Care Assistance was being cancelled due, in part, to the length of time her grandson had been in her care. The grandmother and her husband have been caring for their 15-year-old grandson for over 10 years in the absence of responsible parents. FMC became involved shortly after receipt of this notice, and Doug represented the grandmother at a hearing before the tribunal for her appeal of Ontario Works’ decision to cancel benefits.
This significant decision means she will continue to receive provincial financial assistance, including dental and medical benefits, for her grandson. The tribunal found that remedial legislation such as the Ontario Works Act must be given a broad and liberal interpretation, and that the termination of benefits without prior review is inequitable. Although the tribunal found that a decision on whether to cancel benefits must be made on a case-by-case basis, its decision is expected to have far-reaching implications.
As pro bono counsel, FMC assumed the case through Pro Bono Law Ontario, which has been advocating for children’s rights in grandparent-led families since 2005.
The successful representation of this case resulted in FMC being honoured with a Platinum-level 2010 Lexpert Zenith Award: Celebrating Pro Bono [PDF] in the "Political Pro Bono" category.
To find out more about this case, please see the press coverage listed below:
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Fraser Milner lawyer hero to Ontario grandparents, FP Legal Post, February 18, 2010
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Tribunal Reinstates Benefits for Grandchild, CARP, February 18, 2010
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Grandparents cheer big victory, The Toronto Star, February 19, 2010
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Grandparents and Tribunal, CBC, February 19, 2010