Ontario court orders OHIP to reconsider funding for cancer patient's U.S. treatment
A Divisional Court ruled 2-1 that OHIP's reasoning for denying Alex Shved's treatment request was 'problematic' and must be reconsidered by week's end.
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A Divisional Court has ordered OHIP to issue a new decision on funding for out-of-country cancer treatment for Alex Shved, 37, who was diagnosed with Stage 4 melanoma.
Shved's oncologist applied to OHIP for funding for tumour-infiltrating lymphocyte therapy to be administered in the United States. OHIP denied both the original application and a reconsideration request. Shved sought judicial review.
The court ruled 2-1 on Wednesday that OHIP's reasoning for the denial is "problematic" and ordered the insurer to issue a new decision by the end of next week.
The majority judges identified the core reason for OHIP's denial: approving the request would undermine a potential future negotiation with the drug manufacturer on pricing to publicly fund the treatment in Ontario. But the judges ruled OHIP's reasons offer no real basis for that concern.
The dissenting judge agreed with the reasoning of the other two judges but wanted the court to go further — directing OHIP's executive officer of Ontario public drug programs to recommend funding and ordering OHIP to expedite a new decision based on that recommendation.
The judges characterized Shved's situation as a life-or-death matter. OHIP has not issued a public statement on the ruling. The source material does not provide Shved's specific prognosis, the treatment timeline, or the exact cost of the therapy.
Will OHIP approve funding this time, or will it continue to deny the request?
How often does OHIP face judicial review on similar treatment-funding cases?
We'll update this story as answers emerge.
The facts
Who is Alex Shved and what is his diagnosis?
Alex Shved is a 37-year-old who was diagnosed with Stage 4 melanoma.
What treatment did Shved's oncologist request OHIP fund?
Tumour-infiltrating lymphocyte therapy to be administered in the United States.
How did the Divisional Court rule on OHIP's decision?
The court ruled 2-1 on Wednesday, September 23, 2026 that OHIP's reasoning for denying the request is 'problematic' and ordered the insurer to issue a new decision by the end of the following week.
What reason did the majority judges identify for OHIP's denial?
OHIP denied the request because approving it would undermine potential future negotiations with the drug manufacturer on pricing to publicly fund the treatment in Ontario, though the judges ruled this concern had no real basis.
