The respondents were seasonal agricultural workers who were seriously injured in a motor vehicle accident shortly after arriving in Ontario.
They remained in Ontario for medical treatment after their work permits expired and sought continued OHIP coverage.
The Health Services Appeal and Review Board found they were eligible for continued coverage.
The appellant appealed.
The Divisional Court allowed the appeal, finding that the plain wording of the regulation requires a valid work permit for OHIP eligibility, and the respondents ceased to be eligible once their permits expired.