. Ontario (Health Insurance Plan) v. K.S. [Div Ct appeals]
In Ontario (Health Insurance Plan) v. K.S. (Div Court, 2024) the Divisional Court dismissed an OHIP appeal under Health Insurance Act [s.24(1,4)], where the primary issue was that a "vaginoplasty without penectomy" was "not a listed procedure in the Schedule of Benefits" "and is, therefore, not an insured service."
Here the court sets out the SOR for such appeals:
B. Scope and Standard of Review
[9] Any party to a proceeding before the Board may appeal the Board’s decision to the Divisional Court on a question of law, a question of fact or a question of mixed fact and law: Health Insurance Act, ss. 24(1) and 24(4). Because this is a statutory appeal, the appellate standards of review apply: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653, at para. 37, Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.
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