SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Community Services) v. E.M., 2011 NSSC 12
Date: 20110111
Docket: Hfx No. 325930
Registry: Halifax
Between:
Department of Community Services
Applicant
v.
E. M.
Respondent
LIBRARY HEADING
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Editorial Notice
Identifying information has been removed from this electronic version of the library sheet. |
Judge: The Honourable Justice John D. Murphy
Heard: July 13, 2010, in Halifax, Nova Scotia
Subject: Judicial review; social assistance
Summary: The Department of Community Services sought judicial review of a decision of the Assistance Appeal Board. The respondent required care at home, and sought increased respite funding through a program administered by the Department. The Board ordered an increase in funding, although it declined to admit new evidence at the hearing for the purpose of supporting an even larger increase.
Issue: (1) What is the standard of review?
(2) Does the Appeal Board’s decision meet the applicable standard?
The standard of review applicable to a decision of the Assistance Appeal Board on a matter of law was correctness.
There was no basis to find that the Appeal Board erred on a correctness standard in applying Departmental policy, in identifying the legislation it relied upon, or in interpreting the term “respite.” The Appeal Board’s decision not to admit new evidence should not be disturbed.
Result: The application for judicial review was dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.