SUPREME COURT OF Nova Scotia
Citation: Nova Scotia (Community Services) v. R.G., 2017 NSSC 41
Date: 20170224
Docket: Hfx. No. 455785
Registry: Halifax
Between:
Nova Scotia (Department of Community Services)
Applicant
v.
G.(R.), Assistance Appeal Board (Nova Scotia)
Respondents
Library Heading
Restriction on Publication:
Pursuant to Civil Procedure Rule 85.04 and 85.05
|
Judge: |
The Honourable Justice Ann E. Smith |
|
Heard: |
February 2, 2017, in Halifax, Nova Scotia |
|
Written Decision: |
February 24, 2017 |
|
Judge: |
The Honourable Justice Ann E. Smith |
|
Subject: |
Judicial review of decision of Assistance Appeal Board (Nova Scotia)
|
|
Summary: |
The applicant applied for judicial review of a decision of the Assistance Appeal Board which determined that G.(R.) was entitled to a shelter allowance in excess of the maximum allowance provided for in Section 45 of the Regulations made under the Employment Support and Income Assistance Act, S.N.S. 2000, c. 27.
|
|
Issues: |
Did the Board err in law when he interpreted Section 46 of the Regulations to allow a supervisor to grant a shelter allowance in excess of the $535 provided in Section 45 of the Regulations?
|
|
Result: |
The standard of review is reasonableness. The Adjudicator’s decision did not meet the reasonableness standard. An interpretation of Section 45 of the Regulations which has the effect of removing the regulatory cap on shelter allowances is not reasonable as it inconsistent with the scheme of the Act as a whole. The decision of the Board is quashed and the decision of the Department of Community Services to deny G.(R.) an additional shelter allowance is upheld.
|
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.