Is there overlap between the ODSP payments made to the mother and the board and lodging payments received by Antoni?

Ontario, Canada


The following excerpt is from Senos v. Karcz, 2014 ONCA 459 (CanLII):

The Guidelines were intended to represent a calculation of average expenditures for children that include items like “board and lodging”. Thus, there was overlap between the ODSP payments Antoni received for board and lodging and the support payments made to the mother. This overlap must be recognized in the analysis of whether the approach in s. 3(2)(a) is inappropriate. Inappropriate means unsuitable, not inadequate: Francis v. Baker, 1999 CanLII 659 (SCC), [1999] 3 S.C.R. 250, at para. 40. That leaves a wide discretion, but one that must be exercised on a principled basis. Receipt of ODSP means that the basis upon which the Guidelines were established no longer applies, and the approach under s. 3(2)(a) is unsuitable.

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