The Crown sought leave to appeal an interlocutory order that required it to continue funding Intensive Behavioural Intervention (IBI) therapy for a six-year-old autistic child, despite the program's maximum age limit of six.
The motion judge had granted the mandatory order based on the RJR-MacDonald test, finding that the child would suffer irreparable harm without continued treatment and that the balance of convenience favoured the child.
The Divisional Court dismissed the motion for leave to appeal, finding no error in principle in the motion judge's exercise of discretion and rejecting the Crown's argument that the order amounted to a suspension of the legislation.
