2010 FC 40
January 14, 2010
Principle Established: Excessive demand on healthcare cannot be countered by offering to pay.
The Applicant was selected by Quebec as an investor, but was found to be inadmissible because her daughter, who suffered from multiple sclerosis, would cause an excessive demand on Canadian health care.
Although the disease is degenerative, it has been controlled by a drug that would cost $15,000 yearly. An excessive demand was considered one that exceeds the average annual Canadian per capita cost of $5000.
The Visa Office determined that in Canada, the drug would be normally covered by the health care system, causing an excessive demand.
The main issue raised in this case was whether the applicant could offer to pay for these medical expenses considered excessive?
The court found that if the drug would not be covered by Quebec healthcare system, and if the applicant’s daughter would be eligible to take private insurance, then there would be no excessive demand. However, if the drug is funded by Quebec Government, the applicant is inadmissible and cannot offer to pay for these expenses.
The application for judicial review was allowed because the immigration officer did not verity with the Government of Quebec.