IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Department of Community Services) v. P.S. 2006 NSSC 81
Date: 03/24/2006
Docket: S.H. No. 252888
Registry: Halifax
Between:
The Department of Community Services
Applicant
v.
P.S.
Respondent
LIBRARY HEADING
Judge: The Honourable Associate Chief Justice Deborah K. Smith
Heard: November 30, 2005 in Halifax, Nova Scotia
Subject: Application for an Order in the nature of certiorari quashing a decision of the Social Assistance Appeal Board.
Summary: The Respondent is a recipient of social assistance benefits under the Employment Support and Income Assistance Act. In the spring of 2005, the Respondent contacted her income assistance caseworker asking for assistance with the cost of an education program for her son as well as assistance with the cost of transportation to and from the program. She presented her application as a “special needs” request under the said Act. The Respondent’s request for funding was not approved and the Respondent eventually requested an appeal before the Social Assistance Appeal Board. The Board allowed the appeal but failed in its decision to set out the facts found by the Board and the reasons for its decision as required by the said Act.
Issue: Whether the Board’s failure to make findings of fact and failure to give reasons for its decision constituted a reversible error.
Result: Section 13 of the Employment Support and Income Assistance Act places an obligation on the Social Assistance Appeal Board to determine the facts of a case and decide, on the basis of those facts, whether the decision being appealed is in compliance with the said Act and its Regulations. Further, the same section provides that a decision of the Board shall contain the facts as found by the Board and, inter alia, the reasons for the Board’s decision.
On any standard of review, the failure of the Social Assistance Appeal Board to adequately state its findings of facts and to provide reasons for its decision in the face of a statutory obligation to do so is a reversible error. The application for an Order in the nature of certiorari quashing the decision of the Board was granted and the matter was remitted back to the Board for a rehearing before a differently constituted Board.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.