This answer is simple. You can’t appeal in a court of law, because you can’t afford to! You can appeal or ask for reconsideration of a decision by a single member of the MRC. You can also appeal that decision to the Health Professions Appeal and Review Board. Since the new MRC regime came into force, we know of no doctor who has appealed an MRC decision before a judge in a court of law. Why?

It is because of the recent implementation by the MOHTLC and General Manager of OHIP of section 27.2(2) of the Health Insurance Act which allows the General Manager to collect money owing by a physician plus retroactive interest and the costs of the MRC for reviewing the member’s practice as soon as a repayment Direction is issued by the MRC. This is done without waiting for any reconsideration or appeal, even while the physician has appeal rights available! If the physician does not pay the monies owing, then the General Manager will simply deduct it from the physician's OHIP remittances. If this is not enough, then physician’s assets can be seized (eg RRSPs).

Any physician who wishes to appeal an MRC decision is faced with the impossible task of continuing to manage a practice, pay overhead, pay personal expenses, and pay legal fees in connection with the appeal, all at the same time AND pay the full amount of the Direction within 1 year. This could result in total financial ruin, and may well make appealing the decision virtually impossible.

We believe that the Government's implementation of this process is an act of profound bad faith, designed to prevent physicians from appealing decisions of the MRC. It shows distrust by the government for doctors at a time when the government is asking us to show faith and trust in them.

We absolutely disagree with this affront on individual freedom.

This process is destroying honest, hardworking physicians while health care itself withers for lack of resources. This state of affairs occurs in no other legal proceeding. It has to stop. NOW!