IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Community Services) v. Brenna, 2005 NSSC 67
Date: 20050404
Docket: SN 232357
Registry: Sydney
Between:
The Department of Community Services
Applicant
v.
Anthony Brenna
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: March 23, 2005, in Sydney, Nova Scotia
Subject: Judicial review; certiorari application regarding decision of Assistance Appeal Board.
Facts: Respondent recipient had refused to sign authorization to allow Department of Community Services to check information regarding several properties registered in the Respondent’s name between 1992 and 2002. The Department terminated the Respondent’s benefits and declared an overpayment since 1992 of $98,167.20. The Respondent appealed the Department’s decision to the Social Assistance Appeal Board. The appeal was allowed. The Department applied to this Court for an Order in the nature of certiorari quashing the Board’s decision.
Issue: Whether the Board erred in allowing the Respondent’s Appeal.
Result: Application granted. The Respondent was required by Regulation 5(2) of the Regulations made pursuant to the Employment Support and Income Assistance Act, S.N.S. 2000, c.27 to sign the authorization. Once satisfied of such a refusal, the Board was required to uphold the decision to terminate benefits. The Board’s decision was quashed and the matter remitted for rehearing before a different Board.
Cases Noted: Levandier v. Police Review board (N.S.) Et al (1994), 128 N.S.R. (2d) 66 (N.S.S.C.)
C.U.P.E. v. Ontario (Minister of Labour) [2003] S.C.J. No. 28, (SCC)
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.