The appellants applied for permanent residence in Canada under the investor and self-employed classes.
Both applications were denied because their dependent children had intellectual disabilities that medical officers concluded would cause excessive demands on Canada's social services.
The visa officers refused to consider the families' wealth and willingness to pay for private social services.
The Supreme Court of Canada allowed the appeals, holding that the legislation requires an individualized assessment.
A family's ability and willingness to attenuate the burden on the public purse are relevant factors in determining whether a disabled child might reasonably be expected to cause excessive demands on social services.
