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Summary

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Social law – Social assistance – Overpayment – Whether the withholding of the basic necessities of life by reason of an overpayment is discrimination – Whether the rights of a person for protection against malicious and wrong charge of overpayment are compromised by sections 20, 21, 28(11), 66(11), 77(1), 79(4) of the Ontario Works Act, 1997 and by the existence of the Social Benefits Tribunal – Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A.

The Applicant, Lubov Volnyansky appealed a Social Benefits Tribunal decision that the matter of an overpayment to Ms. Volnyansky had finally been determined in earlier proceedings, which proceedings had not been successfully challenged. The Tribunal originally decided that Ms. Volnyansky had received an overpayment in three decisions: December 9, 2008, April 7, 2009 and August 13, 2009. Ms. Volnyansky sued in Superior Court for an order or an attempt to overturn or set aside the decisions. She was unsuccessful. She then also unsuccessfully sought to judicially review the decisions. The Tribunal concluded that the matter of the overpayment had been finally determined. Accordingly, the appeals were dismissed. Subsequently, the Court of Appeal dismissed Ms. Volnyansky’s motion for leave to appeal.

Lower Court Rulings