Flora v. Ontario Health Insurance Plan (General Manager)

[2008] O.J. No. 2627 (C.A.); The appellant received life-saving treatment for liver cancer in Britain. He sought reimbursement for the costs of the treatment from OHIP, and it was denied on the basis that the treatment did not satisfy the standards for “insured services” under the statute. A constitutional challenge was asserted that the statute infringed the appellant’s section 7 right to life, liberty, and the security of the person on the basis that the statute deprived him of access to a life-saving medical treatment. The Court of Appeal concluded that the government’s defined funding of out-of-country medical treatment did not deprive an individual of the rights protected by section 7 of the Charter.