The General Manager of OHIP appealed a decision of the Health Services Appeal and Review Board ordering that the respondent, a U.S. citizen whose husband held dual U.S. and Canadian citizenship, be enrolled in OHIP.
OHIP argued that because the husband was a Canadian citizen, he did not require an employment authorization, and therefore his spouse could not qualify for OHIP under the regulation requiring such authorization.
The Divisional Court dismissed the appeal, finding no reason why the husband could not be treated as a U.S. citizen for the purpose of qualifying under the regulation, thereby qualifying his wife.
