On September 25, 2014 the Supreme Court of Canada (SCC) dismissed the Director’s application for leave to appeal the Court of Appeal (CA) decision in Surdivall v. Ontario (Disability Support Program), 2014 ONCA 240. That means that the CA decision is final and binding on the Director and the Tribunal and confirms that the Director and the Tribunal have broad discretion over the recovery of overpayments.
The Tribunal is now proceeding to schedule overpayment appeals that had been held pending the SCC’s decision.