Case information
Consult our database for details on a Supreme Court of Canada case.
40283
Marc Misir, et al. v. His Majesty the King in Right of Ontario as represented by Ministry of Health and Long-Term Care
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-08-03 | Close file on Leave | |
| 2023-08-03 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2023-08-03 | Order on motion to extend time, by CHANTAL CARBONNEAU | |
| 2023-08-03 |
Decision on motion to extend time, Reg, UPON APPLICATION by the applicants for an order extending the time to serve and file their motion for reconsideration to April 4, 2023; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-08-03 | Submission of motion to extend time, Reg | |
| 2023-07-27 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2023-04-04 | Motion to extend time, (Book Form), to serve and file the motion for reconsideration., Completed on: 2023-04-04, (Printed version due on 2023-04-13) | Marc Misir |
| 2023-04-04 | Motion for reconsideration of the application for leave to appeal, (Letter Form), Completed on: 2023-04-06, (Printed version due on 2023-04-13) | Marc Misir |
| 2022-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-01 | Judgment on leave sent to the parties | |
| 2022-12-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65374, 2019 ONCA 36, dated January 23, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2022-12-01 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on the application. Granted |
|
| 2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-31 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-08-31 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-09-15, (Printed version due on 2022-09-08) | Marc Misir |
| 2022-08-26 | Certificate (on limitations to public access) | His Majesty the King in Right of Ontario as represented by Ministry of Health and Long-Term Care |
| 2022-08-26 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-08-26, (Printed version filed on 2022-10-06) | His Majesty the King in Right of Ontario as represented by Ministry of Health and Long-Term Care |
| 2022-07-20 | Notice of change of solicitor, (Letter Form), (Printed version due on 2022-07-27) | His Majesty the King in Right of Ontario as represented by Ministry of Health and Long-Term Care |
| 2022-07-14 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 07/14/2022 | |
| 2019-12-23 | Correspondence received from, (Letter Form), Updated contact information | Randolph Misir |
| 2019-06-07 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2019-04-17 | Letter acknowledging receipt of an application for leave to appeal | |
| 2019-04-05 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Marc Misir |
| 2019-04-05 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Amended motion, signed by the applicant, required - rec'd 07/15/2022 Missing: 2 copies-rec'd 06/07/2021, Completed on: 2022-07-18 |
Marc Misir |
| 2019-04-05 | Application for leave to appeal, (Book Form), Completed on: 2021-06-07 | Marc Misir |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Misir, Marc | Applicant | Active |
| Misir, Randolph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of Ontario as represented by Ministry of Health and Long-Term Care | Respondent | Active |
Counsel
Party: Misir, Marc
This party is not represented by counsel.
Party: Misir, Randolph
This party is not represented by counsel.
Party: His Majesty the King in Right of Ontario as represented by Ministry of Health and Long-Term Care
Counsel
Constitutional Law Branch, Civil Law Division
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 455-2765
FAX: (416) 326-4015
Email: Savitri.Gordian@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Charter of Rights — Right to life, liberty and security of person (s. 7) — Public Health —Insurance — Applicants’ Ontario Health Insurance Plan (OHIP) coverage canceled over failure to meet residency requirement, applicants unable to obtain private insurance — Section 14 of the Health Insurance Act, R.S.O. 1990, c. H-6 prohibits OHIP-eligible persons from purchasing private insurance for OHIP-insured services — Lower courts holding that s. 14 did not apply because applicants were not OHIP-eligible — Whether s. 14 of the Health Insurance Act violates s. 7 Charter right to life, liberty and security of person.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Applicants Marc and Randolph Misir (together, “the Misirs”) are Canadian citizens. The Misirs’ coverage under the Ontario Health Insurance Plan (OHIP) was cancelled in 2008, over concerns that they did not meet the Ontario residency requirement. In 2013 the Misirs requested a review of their OHIP eligibility; the respondent Ministry of Health and Long-Term Care again denied coverage.
The Misirs appealed to the Health Services Appeal and Review Board (the “Board”). The Board concluded that the Misirs had not demonstrated that they met the physical presence and residency requirements for OHIP coverage, and dismissed their appeal. The Misirs did not appeal the Board’s decision.
Instead, they applied to the Superior Court of Justice for a declaration that the Health Insurance Act, R.S.O. 1990, c. H-6, s. 14 — which prevents OHIP-eligible Ontario residents from buying private health insurance for OHIP-insured services — breached their rights under s. 7 of the Canadian Charter of Rights and Freedoms.
The application judge noted that s. 14 did not apply to the Misirs because they had been deemed ineligible for OHIP coverage. Further, the Misirs had not demonstrated that s. 14 of the Act infringed their rights to life, liberty and security of the person under s. 7 of the Charter. The application was dismissed. The Court of Appeal upheld the application judge’s decision.
Lower court rulings
Ontario Superior Court of Justice
CV-17-578014
Application dismissed.
Court of Appeal for Ontario
C65374, 2019 ONCA 36
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available