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 that it is up to employers to ensure that extended health care coverage is in place for foreign workers, if they must remain in Canada after their work permits expire. (Ontario Health Insurance Plan v. Clarke, CALN/2014-014, [2014] O.J. No. 1569, Ontario Superior Court of Justice)
The Federal Court of Appeal has held that the Canada Border Services Agency is not required to caution persons importing food products into Canada and that statements they make in response to questions from customs officers may be used against them. The Court quashed a decision of the Canada Agricultural Review Tribunal that verbal statements made in response to questions asked by a customs officer during a secondary inspection were not admissible unless the importer had first been cautioned. (Tao v. Canada (Border Services Agency), CALN/2014-015, [2014] F.C.J. No. 173, Federal Court of Appeal)
To view this recent Agricultural Law NetLetter click here.
Originally published in Lexis Nexis, April 2014.
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