The applicant insurer sought judicial review of a Ministry of Health decision ordering it to pay the long-term care fees of its insured, who was severely injured in a motor vehicle accident.
The insured had applied for a reduction in nursing home co-payments under the Nursing Homes Act, but the Director refused, finding the insurer liable.
The insurer argued it was exempt under s. 75(13) of the Statutory Accident Benefits Schedule because the reduction was a benefit 'reasonably available' to the insured.
The Divisional Court dismissed the application, holding that the Director's decision was reasonable and that social assistance benefits based on financial need do not fall within the ambit of s. 75(13).
