Court of Appeal

Judge:

The Honourable Justice J. Michael MacDonald

Appeal Heard:

May 31, 2017, in Halifax, Nova Scotia

Subject:

Public law; income assistance; administrative law; Assistance Appeal Board; reasonableness standard of review; principles of statutory interpretation; interpretative aids when legislation is ambiguous.

Summary:

The respondent Department withheld all of the appellant’s monthly income assistance allotment because of his insufficient efforts to seek employment. In addition to his personal portion, the payment also included amounts designated for his spouse and children. An appeal to the Assistance Appeal Board was dismissed. A judicial review application before the Supreme Court of Nova Scotia also failed. Before this Court, the appellant accepted that his portion of the monthly payment would be suspended. However, he argued that the portions designated for his spouse and children should not have been withheld.

Issues:

Should the entire monthly payment have been withheld or only that portion designated for the defaulting parent?

Result:

Appeal allowed. The operative provisions of the legislation were ambiguous. By applying the applicable principles of statutory interpretation, only that portion of the monthly benefit designated to the defaulting party should have been withheld. The innocent spouse and children should not suffer for the father’s inaction.