Agricultural Law NetLetter - Monday, April 7, 2014 - Issue 297

HIGHLIGHTS

The Ontario Superior Court of Justice (Divisional Court) has held that the Ontario Health Insurance Plan has no obligation to provide coverage for seasonal agricultural workers, after their work permits expire. The case involved two seasonal workers who were seriously injured in a motor vehicle accident, and were obliged to remain under medical treatment in Canada after their work permits expired. Notwithstanding the fact that the Federal Seasonal Agricultural Worker Program standard agreement allows seasonal workers to remain in Canada following the expiry of permits in the case of medical emergencies, and the fact that the Federal Government allowed them to remain in Canada as visitors, the Court (in reversing a decision of the Ontario Health Services Appeal and Review Board) held that OHIP Regulations specifically provide that OHIP is only required to provide coverage for seasonal workers in Ontario until their work permits expire. The Court commented