2 total
Appeal of OHIP funding denial for out-of-province brain injury treatment dismissed; no Charter breach found.
The appellant, who sustained a severe traumatic brain injury, appealed a decision of the Health Services Appeal and Review Board denying her request for pre-approved funding for in-patient rehabilitative services at an Alberta facility.
The facility was not licensed as a hospital and did not accept public funding.
The appellant argued the denial breached her rights under sections 7 and 15 of the Charter.
The Divisional Court dismissed the appeal, finding that section 7 does not impose a positive obligation on the government to fund out-of-province medical treatments, and that the denial was based on the facility's licensing status, not the appellant's disability, thus not engaging section 15.
Appeal of restraining order dismissed as no breach of natural justice occurred during the hearing.
The appellant appealed a restraining order granted by the Superior Court of Justice, arguing that a breach of natural justice occurred during the hearing.
The Court of Appeal dismissed the appeal, finding no breach of natural justice, as the appellant was permitted to give viva voce evidence, was properly served with the application, and the applications judge reviewed his materials.
The Court noted that the appellant could apply to vary the restraining order regarding his attendance at his children's school events.
The appeal was dismissed with costs of $1,500 awarded to the respondent.
