CASE NO. VOL. NO. PAGE
Cite as: Way v. Covert, 1997 NSCA 99
JEAN WAY - and - ROBERT COVERT, DOROTHY
HENDERSON, and JOANNE KING, in
their capacity as a Social Assistance
Appeal Board, and BILL CAMPBELL,
in his capacity as Director of Family
Benefits
(Appellant) (Respondents)
C.A. No.132095 Halifax, N.S. Pugsley, J.A.
Flinn, J.A.
(concurring by separate reasons)
APPEAL HEARD: January 24, 1997
JUDGMENT DELIVERED: May 13, 1997
SUBJECT: Statutory Interpretation
SUMMARY: The Family Benefits Act, R.S.N.S., 1989, c.158, gives broad regulatory power to the Governor in Council. In 1994 the Governor in Council passed regulations restricting persons in need, who qualified under the Act, from receiving shelter benefits, if the income of a relative with whom the person in need resided, exceeded a certain amount. The Director of Family Benefits dismissed an appeal brought by the appellant who alleged the elimination of her shelter allowance was not authorized under the Act. The Director's decision was upheld by the Social Assistance Appeal Board. The Chambers judge dismissed the appellant's application for an order in the nature of a certiorari. The appellant appealed.
RESULT: The Court of Appeal allowed the appeal. Flinn, J.A., with whom Hart, J.A. concurred, concluded that the 1994 Regulations imposed a standard of eligibility for benefits inconsistent with the standards set out in the Act. Pugsley, J.A., concluded that the Act did not expressly authorize, or create by necessary implication, the right to discriminate between family benefit recipients who live with relatives and those who did not, and hence the 1994 Regulations were not authorized.
This information sheet does not form part of the court's decision. Quotes must be from the decision, not this cover sheet. The full court decision consists of 25 pages. |