The respondents, Trillium Gift of Life Network and University Health Network, brought motions to dismiss and transfer applications challenging the constitutionality of liver transplant waitlist criteria for patients with alcohol-related liver disease.
UHN moved to dismiss the application against it, arguing the Charter did not apply to its clinical decisions.
Trillium moved to transfer the application to the Divisional Court, arguing it involved the review of a statutory power.
The Superior Court dismissed both motions, finding it was not plain and obvious that the Charter did not apply to UHN's adoption of the criteria, and affirming the Superior Court's inherent jurisdiction to grant Charter remedies without bifurcating the proceedings.
