Uko Abara

The appellant doctor performed a septorhinoplasty on a patient and charged professional and facility fees for the rhinoplasty component, claiming it was uninsured.

The Ministry of Health determined the entire procedure was medically necessary and therefore an insured service, requiring the doctor to reimburse the patient.

The Health Services Appeal and Review Board confirmed the Ministry's decision.

On appeal and judicial review, the Divisional Court upheld the Board's decision, finding its interpretation of the Schedule of Benefits was correct and its factual determination that the rhinoplasty was medically necessary was reasonable.

The landlord appealed a Landlord and Tenant Board (LTB) decision terminating a tenancy but denying jurisdiction to award compensation under an L3 application.

The Divisional Court upheld the LTB's finding that it lacked jurisdiction to award compensation on an L3 application, which is strictly for termination.

However, the Court found a breach of procedural fairness because the LTB member determined the termination date without allowing the landlord to make submissions on that issue.

The appeal was allowed in part to set aside the specific termination date, while the jurisdiction appeal was dismissed.