The appellant, suffering from liver cancer, was deemed ineligible for a liver transplant in Ontario.
He obtained a life-saving living-related liver transplant in England at a cost of $450,000 and sought reimbursement from OHIP.
The Health Services Appeal and Review Board denied the claim, finding the treatment was not an 'insured service' under s. 28.4(2) of Regulation 552 because it was not generally accepted in Ontario as appropriate for a person in his medical circumstances.
The Divisional Court upheld the decision.
The Court of Appeal dismissed the appeal, holding that the Board's decision was reasonable and that the regulation did not violate section 7 of the Charter, as it did not deprive the appellant of life or security of the person but merely limited a financial benefit.
