PRLG 5304 ONB Tribunal Practice PDF

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Homer Simpson - Tribunal Assignment #2...

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PRLG 5304 ONB TRIBUNAL PRACTICE (Lorraine Takacs) WRITTEN ASSIGNMENT #2 INSTRUCTIONS This assignment aligns with program outcomes; 1, 3, 7, and 9. This assignment also aligns with and assesses LSO accreditation standards; 301, 302, 304 and 306 (309). INSTRUCTIONS: DUE DATE: DECEMBER 3, 2021 AT 8:30 A.M. Updated Facts For this assignment, following the first assignment, you will be preparing written submissions further to a dispute of the decision which you have “received”. For the assignment, you are representing Homer Simpson for an appeal as the agency/tribunal’s decision was confirmed. As required, the agency sent Homer a reply to his original application. Homer met the financial criteria. However, the agency advised Homer’s representative that he did not meet the criteria to establish he is eligible for ODSP. A copy of the Agency’s decision letter is included in these instructions. The agency’s original decision was sent by letter. Homer is seeking to submit an updated report from Dr. Nervis, dated October 29, 2021, which offers a medical opinion specifically in support of Homer in connection with the criteria under the legislation. As set out in Assignment #1, clinical notes and records and consult reports were included with his original application which outlined his medical condition, testing and diagnosis along with a general comment of the anticipated impact upon his function from a medical standpoint.

Letter in response to the application: Ministry of Children, Community and Social Services 4 Robert Speck Pkwy 14th Floor, Mississauga, ON L4Z 1S1 September 9, 2021. Representative of Homer J. Simpson Address Dear ________ Re: Application of Homer J. Simpson for Ontario Disability Support Plan, file number 2021-12345

We have received your client’s application and accompanying forms. I have been assigned as your Mr. Simpson’s case worker. Further to the meeting between Mr. Simpson and myself, reviewing the medical documents and in reviewing these documents and considering the applicable legislation and test for entitlement, a decision has been made. I have determined that while Mr. Simpson meets the financial criteria, he does not meet the criteria in the legislation of a “person with a disability”, specifically, the medical information does not clearly address that he suffers from a disability which is continuous or recurrent with a duration of at least a year, nor are his activities of daily living substantially restricted as verified by a person with the prescribed qualifications. The medical records, specifically the notes and testing of Mr. Simpson’s treating doctors, did not provide the information in support of the application and legislation setting out the test for entitlement. If your client does not agree with the decision, you may (assume the letter included the directions and information as to the options available to dispute the decision) Yours truly,

Amy Caseworker

Detailed instructions: You will be submitting the assignment on Blackboard (by the due date). Late submission will result in a late penalty of 10% per day, commencing at 8:31 a.m., which will continue until five days have passed (DECEMBER 8, 2021 8:31 a.m.), after which time a grade of zero will be given. The work must be your own work, ensuring you are aware of, and follow, Humber’s policy regarding plagiarism. Where you refer to any authority, you are expected to follow McGill on legal citations. There is no specific format, you should determine the clearest way to communicate your submissions and authorities relied upon along with a method to identify the source and citation. Students found to have engaged in plagiarism will receive a grade of zero, along with the matter being referred to the Associate Dean. This assignment is worth 20% of your final grade, as per course outline. The grading will be based on a total point score of 50. The details are set out below. You are required to identify the dispute process which you believe is available, including under what authority Homer was entitled to bring the dispute forward and your response on his

behalf. You will need to identify; the tribunal, and to whom, you would bring this dispute. Set out the process which takes you to this step for the assignment. You will also have to identify the relief (Order) sought. You can address this with a short note/memo. You will have to conduct research in support of your submissions regarding the grounds to dispute the decision, along with any authority you rely upon to support the position of Homer. You are representing Homer Simpson in this step. Where appropriate, you should also reference the relevant legislation and section(s) of the governing legislation. The easiest way is to attach a separate sheet(s), rather than use the small space available on the form. As you will see below, you must complete the applicable form. There is no standard format for written submissions, however I recommend the following as guideline: You will need to identify the legal test(s) based on the criteria in the legislation. Identify the facts that you rely upon in support of your position, along with the source of the facts. As well, you will need to offer any legal authorities in support of your position. You should identify how this authority, such as cases interpreting the section of the legislation or cases with similar facts, have been applied by the tribunal. Consequently, you will be required to conduct research in support of the Homer’s position. You are expected to rely upon any principles discussed in this course and apply as appropriate in your submissions. For the purposes of this assignment at least two cases should be included. You should attach the cases when you submit your assignment. You should identify the relief being sought by Homer in light of the agency’s response to date, seeking to secure benefits for Homer. You will have to determine and identify all of the relevant facts and law which you will use to persuasively write submissions arguing in support of the relief being sought. Where appropriate, in support of the Order you are seeking, you may rely upon any legal authority, rules, guidelines or legislation in support. Remember your goal is to convince the decision-maker of the factual, legal and principled basis for the relief sought. By providing well prepared and persuasive submissions with authority in support of the Homer’s position/decision, you are effectively helping the decision maker to accept or adopt your reasoning and request, ideally finding in favour of Homer. It is strongly recommended you include a closing section summarizing the relief (outcome) sought. This is an assignment focussed on written advocacy. The submissions I expect would be in the range of 2 to 6 pages, double spaced, one side only, 12 font. You are required to ensure you are using appropriate citations for legislation and any legal authority (McGill). Marking will be allocated as follows: Identifying the process undertaken by Homer Simpson, and the current step and authority for the step, time limit(s)

7

Order/relied sought

2

(this step can be a summary setting out the above, not part of the “materials’)

Identifying and completing the form for the current step

3

Submissions regarding the updated medical information

3

Research and providing cases, identifying sections of legislation in support

10

Drafting written submissions (arguments) which are persuasive, tying facts of the case to the law. (Marks will be allocated to address whether the arguments made are well-articulated, persuasive, tying together facts and law appropriately)

15

Grammar, appropriate citations (You are expected to express your ideas in a coherent fashion, using appropriate language, spelling and citations)

10

TOTAL AVAILABLE POINTS

50...