The Medical Officer of Health for Haldimand-Norfolk appealed a decision of the Health Services Appeal and Review Board (HSARB) that struck down a requirement limiting the number of migrant farm workers to three per bunkhouse during their mandatory 14-day COVID-19 self-isolation period.
The Divisional Court allowed the appeal, finding that the HSARB erred in law by applying too high a standard of proof, failing to consider that the directive was a class order, and incorrectly concluding that the three-person limit was arbitrary.
The court restored the original order, emphasizing the precautionary principle and the vulnerability of migrant farm workers.
