K.S. is fighting for public funding of a surgery previously argued to be 'experimental' by the Ontario government. An Ontario resident has successfully secured public funding for a specialized gender-affirming surgery argued to be "experimental" by the provincial health insurer following a years-long legal battle.
“There have been so many times that I have had to justify myself to just be,” K.S. previously told CTV News Toronto. “People who aren’t trans or nonbinary don’t have to get that permission to exist.”"I have been waiting for this day for years!!," she said in a statement given through her lawyer. "Though I know there is still time for OHIP to keep attempting to appeal this, I am relishing this day as it's an extraordinarily huge milestone.
She successfully overturned that decision in an appeal to the HSARB arguing, in part, her reason for wanting a vaginoplasty without a penectomy would validate her non-binary identity, putting an end to her gender dysphoria that she’s felt since her teenage years. On Wednesday, the panel of three judges of the Divisional Court unanimously found HSARB had not erred in its ruling, dismissing OHIP's appeal and ordering the insurer to pay K.S. $20,000 for legal costs. The board was correct with its interpretation, Justice Breese Davies wrote in the decision, adding it is consistent with the country's Charter values of equality and security of the person, and OHIP was being the opposite.
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