A second victory before the Ontario Social Benefits Tribunal concerning grandparent caregivers’ eligibility for Temporary Care Assistance (TCA) has sent a clear message to the Ontario government and social service administrators that their practices remain out of step with the law. This successful result comes less than a year after an initial victory before the Tribunal on a separate appeal on access to TCA benefits.
Fraser Milner Casgrain LLP (FMC), one of Canada’s leading business and litigation law firms, represented Wendy O’Riley in this latest appeal on a pro bono basis in partnership with Pro Bono Law Ontario (PBLO). Ms. O’Riley is a Chatham, Ontario grandmother who lost her TCA benefits after caring for her granddaughter for more than eight years. Supported only by a fixed seniors’ income, Ms. O’Riley does not own her own home and lives below the poverty line.
The Tribunal’s decision that restored Ms. O’Riley’s TCA benefits represents a ringing endorsement of its earlier decision in an appeal brought by Oshawa grandmother Marika Vandewater. Ms. Vandewater, who was also represented by FMC, had been caring for her grandson for nine years when her TCA benefits were abruptly cancelled. Coupled with the Vandewater decision, the result in Ms. O’Riley’s appeal brings strengthened hope to vulnerable grandparent caregivers across Ontario who risk losing TCA benefits and face the prospect of deepening poverty.
The Tribunal in Ms. O’Riley’s appeal adopted the legal findings in the Vandewater decision, including that: TCA benefits are intended for people in financial need; there is a problem of regional variance in determining TCA eligibility; the length of time that a child is in care does not itself demonstrate that the care is not “temporary”; and, of particular importance, the Ontario Works Act, being social remedial legislation, must be given a “broad and liberal interpretation.”
Ms. O’Riley was represented by FMC’s Doug Stewart through the firm’s pro bono initiatives with PBLO. “This case highlights the social injustices faced by these families,” says Mr. Stewart. “Ms. O’Riley stepped in to care for her granddaughter, and encountered numerous obstacles along the way. The province’s rules make it difficult to be a caregiver, but it would now appear that the Ministry must bring practices in line with the principles espoused in the O’Riley and Vandewater decisions.”
“Without my lawyer, I would have lost my benefits like all the other grandparents who went to the Tribunal alone,” says Ms. O’Riley. Mr. Stewart agrees that “working with PBLO gives us a chance to bring about change for people like Ms. O’Riley, and draw unfair practices to the attention of the Ontario government and the public.”
Lynn Burns, PBLO’s Executive Director, appreciates the value of FMC’s pro bono contribution. “It is heartening to see a top law firm dedicate this much time and talent to a pro bono initiative, especially one that serves vulnerable families,” says Ms. Burns. “FMC’s tenacity and commitment prove law firms take seriously their role in enhancing access to justice through pro bono activities.”
For more information on FMC’s pro bono work, please visit their web site: http://www.fmc-law.com/Home/AboutFMC/ProBonoWork.aspx.
About Pro Bono Law Ontario
Pro Bono Law Ontario (PBLO) is a charitable organization that promotes access to justice in Ontario by creating and promoting opportunities for lawyers to provide pro bono (free) legal services to persons of limited means. For details, visit www.pblo.org.
To find out more about this case, please see related press coverage listed below:
Grandparents and taxpayers deserve better: Blizzard, Toronto Sun, February 16, 2011
State-sanctioned granny-bashing a new low, Law Times, Monday, February 7, 2011
Cutting off grandma: The province puts the screws to low-income seniors caring for their grandkids, Toronto Sun, January 30, 2011
Family Support: Help Grandma Help the Kids, Toronto Star, January 24, 2011
Rare win for grandparents: Financial support reinstated, Toronto Star, January 19, 2011
Chatham grandmother wins child benefit battle, cbc.ca, January 19, 2011
An Ongoing Saga: Temporary Care Assistance for Grandparents, CARP, January 14, 2011
For further information, please contact:
Jennifer Dales
Fraser Milner Casgrain LLP
+ 1 416 862 3405
jennifer.dales@fmc-law.com
Kelly Olive
Maverick Public Relations
+ 1 416 640 5525, ext. 230
kellyo@maverickpr.com