Lowe Estate v. Nova Scotia (Department of Opportunities and Social Development)

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca61, 2026 nsca 61 (canlii), 2026, nsca, 61, (canlii), ca 545016, 2026, administrative law, judicial review, reasonableness, assistance appeal board, whether decision unreasonable for reliance on policy manual and conclusory reasons, responsive justification, transparency and intelligibility under vavilov and mason, failure to engage jivalian constraint and parties’ submissions on policy having no legal effect, decision set aside, appeal allowed, statutory interpretation, regulations, ordinary meaning, employment support and income assistance regulations, s. 49, whether “accommodation” includes a tent owned and occupied by a recipient, text, context and purpose, remedial interpretation act, 1989 (nova scotia), “accommodation” used consistently with s. 18(1) accommodation type, reviewing judge’s interpretation rejected, declaration issued, pensions and social benefits, income assistance, eligibility, employment support and income assistance act and regulations, whether recipient met enhanced rate criteria by disability and owning accommodation, distinction between enhanced rate under s. 49 and essentials rate under s. 50, “person in need” threshold satisfied, entitlement to enhanced rate confirmed on proper interpretation, appeal allowed, administrative law, remedies, remittal or final determination, whether court should decide eligibility after finding tribunal decision unreasonable rather than remit to newly constituted board, considerations of delay, fairness, timeliness and public resources under vavilov, declaration that eligibility met as of application, appeal allowed with costs awarded to appellant