The parties applied for variation of an appeal order concerning the interaction of collateral benefits rules in the SABS-1994 and long-term care fees under the Nursing Homes Act.
The Minister of Health and Long-term Care refused the insured's application for a reduction in long-term care fees, stating that the auto insurer should be the first payer.
The Director's Delegate found that the Minister's decision constituted a material change in circumstances.
Because the fee reduction was refused, it was not 'reasonably available' under another plan or law within the meaning of s. 75(13) of the SABS-1994.
The insurer's application for variation was denied, and the insured's cross-application was granted, ordering the insurer to pay the long-term care fees at the unreduced rate.
