The chambers judge relied upon the decision in McIntyre v. British Columbia (Employment and Assistance Appeals Tribunal), 2005 BCSC 1179. In that case, the tribunal upheld a ministry decision to cancel benefits previously provided for physiotherapy treatments for the petitioner, who then brought an application for judicial review. The petitioner had been designated a “handicapped person” under the GAIN Act and had been found eligible to receive physiotherapy treatments “at least twice a week for as long as needed.” However, a change in the governing legislation made her ineligible for the benefit after she reached 65 years of age and the ministry eventually cancelled them. The tribunal found that the decision of the ministry was a based on a reasonable interpretation of the legislation.
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