In a judicial review proceeding, the Nova Scotia Supreme Court declined to exercise its power to quash a decision made by the Assistance Appeal Board which awarded a mother of a special needs child increased funding to pay personal care workers for their assistance with her son. This was notwithstanding the existence of a directive that limited the amount of funding available for respite help.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Government – Funding of programs – Social assistance – Home care for disabled – Judicial review – Compliance with legislation – Standard of review – Correctness   Nova Scotia (Department of Community Services) v. Boudreau, [2011] N.S.J. No. 193, 2011 NSSC 126, Nova Scotia ...

While the Assistance Appeal Board applied an erroneous analysis of a provision allowing an income support recipient to spend assets for specified purposes, the Court declined to set aside the Assistance Appeal Board’s decision finding, on a standard of review of correctness, that the Board’s conclusion was correct

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Ministerial orders – Benefits – Income assistance – Eligibilty – Basic need – definition – Judicial review – Interpretation of  legislation – Jurisdiction – Standard of review – Correctness Savary v. Nova Scotia (Community Services), [2009] N.S.J. No. 234, 2009 NSSC 123, Nova ...