Can a person who is on disability benefits be deemed to be unemployable?
Ontario, Canada
The following excerpt is from O.C.W. v. T.K.M., 2022 ONCJ 82 (CanLII):
[147] The court cannot take judicial notice that just because a person is on disability benefits that he or she is unemployable. Nor can it delegate the important and complex determinations of employability and income earning capacity to unknown bureaucrats applying unknown evidence to unknown criteria. See: Abumatar v. Hamda, 2021 ONSC 2165.
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