Ontario’s Court Ruling on Gender-Affirming Surgery
Ontario’s Court of Appeal has ruled that the province must fund an out-of-country, penis-sparing vaginoplasty for a transgender and non-binary resident, K.S., marking the third unanimous decision in her favor. The Ontario Health Insurance Plan (OHIP) initially denied funding, arguing the procedure was not listed in its Schedule of Benefits and considered experimental, but K.S. successfully appealed, emphasizing her significant gender dysphoria and the necessity of the surgery to align with her gender identity. The court affirmed that the surgery, which retains a functioning penis, is an insured service under Ontario’s Health Insurance Act.