This section is Presented This section was produced by the editorial department. The client was not given the opportunity to put restrictions on the content or review it prior to publication. by HAVEN HOME HEATING & AIR CONDITIONING May 12, 2026 • Last updated May 12, 2026 •
Dr. Elaine Ma is a Kingston family physician. (Supplied photo) Supplied photo
The highest court in Ontario has declined to consider an appeal from the Ontario Health Insurance Plan (OHIP) regarding a Kingston doctor who was instructed to repay over $600,000 related to COVID-19 vaccination clinic billing during the pandemic. This ruling represents another important legal win for Dr. Elaine Ma.
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A brief endorsement released on May 8 shows that a three-judge panel of Ontario’s Court of Appeal rejected OHIP’s request for permission to appeal a December 2025 ruling by Divisional Court that had partly favored Ma. The panel-composed of Justices Jonathon C. George, David M. Paciocco, and Julie Thorburn-reviewed the case in writing before dismissing OHIP’s appeal attempt.
“Leave to appeal is denied,” states the endorsement. Additionally, OHIP was ordered by the court to pay $5,000 towards Ma’s legal costs.
An email shared with Kingstonist confirmed this outcome shortly after it was announced by Ma’s lawyer.
“Just received. Endorsement of Court of Appeal with leave denied,” Ottawa lawyer Graham Ragan wrote to Ma on Thursday afternoon, May 7.
During COVID-19, Ma set up 48 mass vaccination clinics in Kingston but later faced an order from OHIP demanding repayment of $600,962 due to alleged billing non-compliance issues. The Health Services Appeal and Review Board (HSARB) had previously upheld this repayment order.
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The Divisional Court found on December 16, 2025 that it wasn’t reasonable for HSARB to decide that COVID-19 did not present an “extenuating circumstance” when looking at Ma’s billings despite their previous decision supporting repayment orders for her services during this time period.
Instead of completely overturning this repayment directive , they sent it back for HSARB’s reconsideration regarding how much money – if any – should be repaid by Ma.
Following this , OHIP sought permission for an appeal against this verdict , claiming that Divisional Court incorrectly interfered with HSARB ‘s findings while also misapplying judicial review standards.
The refusal by Court of Appeals means that Divisional Court ‘s conclusion remains valid.
This matter should return back into HSARB , which must reevaluate what needs returning while considering Divisional Court ‘s observations about extraordinary pressures doctors experienced amid vaccine rollout during pandemic.
In statements made earlier following Division Courts’ ruling , Ma expressed concern regarding ongoing litigation sending negative signals toward doctors who stepped forward during public health crises.
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“Doctors were asked to move quickly , adapt constantly , and vaccinate as many people as possible,” said Ma at that time.
Locally within Ontario ’ s medical circles along with general audience interest have been piqued due mainly because implications extend how physicians are evaluated post-pandemic using standard administrative frameworks affecting them too greatly through actions taken previously here amidst largest vaccination drive seen historically throughout province itself !
For now though-Court Of Appeals has maintained lower courts ‘ judgment stating unprecedented realities surrounding Covid-vaccine distribution couldn’t simply vanish while assessing physician ’s duties undertaken amongst vast scale vaccination efforts witnessed !
Kingstonist reached out seeking comment directly relating back towards these recent developments concerning Dr. Ma!
Michelle Dorey Forestell works as contributor associated under Kingstonist organization funded federally !
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