Michelle Josef, who had already started the process at CAMH leading to the surgery,
launched an application alleging that the defunding of the surgery was
unconstitutional because it exceeded the regulatory power conferred upon Cabinet by the Health Insurance
Act, was enacted in bad faith and infringed the equality rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms and was not a reasonable limit that could be justified under s. 1 of the Charter.