Kingston doctor seeks Judicial Review on OHIP bills related to mass vaccination clinics

Dr. Elaine Ma has applied to have her case against OHIP reviewed by the Divisional Court for Judicial Review.

Kingstonist readers will recall that Dr. Elaine Ma of Kingston’s Frontenac Doctors family medical clinic was ordered to repay approximately $600,000 to the Ontario Health Insurance Plan (OHIP) for COVID-19 vaccinations billed between July 2021 and January 2022. And with the deadline for that repayment looming, Ma says she doesn't yet know when her review might begin.

The background

Before arriving at the ruling Ma repay the funds, the Ministry of Health raised concerns about the billing process, particularly regarding the use of medical students and the locations of the clinics. Ma was pivotal in organizing mass vaccination clinics in Kingston during the COVID-19 pandemic, notably at St. Lawrence College and Richardson Stadium. These efforts contributed to Kingston achieving one of the highest vaccination rates in Ontario. In recognition of her exemplary service, she received the Ontario College of Family Physicians Award of Excellence in 2021.

Ted Hsu, Member of Provincial Parliament (MPP) for Kingston and the Islands, brought the situation out into the open during question period in the Ontario Legislative Assembly on May 15, 2024. The May 15, 2024, Hansard of the 43rd Parliament, 1st Session details Hsu’s attempt to intervene on Ma’s behalf when he rose to speak on OHIP coverage of COVID-19 immunization. Still the government remained silent on the matter.

Ma, who used those funds to pay the many people involved in running the celebrated clinic—one of many such clinics organized locally—travelled to Toronto to attend a hearing of the Ontario Health Services Appeal and Review Board on October 22, 23, 24, and 29, 2024. The hearing aimed to determine whether those funds had been rightfully earned or if they should be repaid to OHIP.

OHIP cited decades-old bulletins containing ministerial directives stating that medical students were ineligible for payment through their program. It also asserted that compensation only applied to work performed within the four walls of a doctor’s clinic. Furthermore, the Ministry of Health accused Ma of having “pocketed” some of the hundreds of thousands in OHIP payments, though it refused to elaborate or comment further on that allegation. The Board's decision was released publicly. In short, the board found that Ma must repay OHIP nearly $601,000.

This situation has garnered support from the Ontario Medical Association, which has urged the Ministry to address these concerns and dismiss the allegations.

The latest

Kingstonist spoke with Dr. Ma and although she couldn't provide much of an update (because of pending legal action), she did confirm her application to the Divisional Court for Judicial Review of the Health Services and Review Board (HSARB) Decision and Reasons. Ma said she had asked about the Court’s timeline for the appeal, but hadn’t received an answer as of Monday, Mar. 31, 2025.

As it stands, she said that OHIP had demanded full payment plus interest by Tuesday, Apr. 1, 2025. Ma remained steadfast, “I'm not sure what is going to happen when I don’t provide that,” but she expected her billings to be garnished, though even that remains uncertain.

A judicial review is a legal process that ensures administrative decisions are fair, reasonable, and lawful. In Ontario, the Divisional Court has jurisdiction over judicial review applications under section 6(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1.

According to the ontariocourts.ca, when seeking judicial review, a party asks a three-judge panel of the Divisional Court to overturn or modify an administrative decision due to a significant error. However, judicial review is not an opportunity to re-argue the case. Instead, it focuses on whether the decision-maker properly exercised their authority.

The Divisional Court is a branch of the Superior Court of Justice and one of the busiest appellate courts in Canada. It hears statutory appeals from administrative tribunals in the province and is the primary forum for judicial review of government action in Ontario. The Divisional Court also has some jurisdiction regarding civil and family appeals.

Every judge of the Superior Court of Justice is also a judge of the Divisional Court. Appeals to the Divisional Court are generally heard in the judicial region where the matter initially arose. A proceeding is usually heard and decided by a panel of three judges, but may be heard by a single judge in some circumstances.