Case Summaries
While our investigations of complaints are conducted confidentially, every year we select a number of cases for publication in our annual report. These case summaries (with names changed or abbreviated to protect confidentiality) are meant to show the variety of work the Ombudsperson’s office does, and the kinds of resolutions we can often achieve.
Below you will find examples of some of the work we've done with and for seniors.
Man’s pension seized by Family Maintenance Program
Family Maintenance Enforcement Program
We were contacted by Mr. M who said he had been left penniless because all of his pension income was being seized by the Family Maintenance Enforcement Program (FMEP)....more
Letters to survivors of WCB pensioners improved
Workers’ Compensation Board
Ms E disagreed with the Workers’ Compensation Appeal Tribunal’s decision that the Workers’ Compensation Board (WCB) was correct in making her survivor’s pension effective the date she applied for the pension instead of the date when her husband passed away....more
BC Pension Corporation
Ms J contacted the office and said that when she worked at a care facility, she received two retroactive wage increases in two lump sum payments. Ms J said she was notified by the BC Pension Corporation that these amounts were not included in the calculation of her pension....more
Pension plan equalizes benefits for people
Ministry of Health Services (Medical Services Plan)
In 2002, (Ombudsman Howard Kushner) initiated an investigation into the policy of two of the four public sector pension plans (Public Service and Municipal), to deny certain benefits to pensioners living outside BC. At that time, retirement benefits included health benefits and a dental plan. These benefits were available on retirement for those retirees living in BC, but ceased if the pensioner left BC.This begged the question “why?” ...more
Mobile intake clinic assists senior citizen
Ministry of Health Services (Medical Services Plan)
People often feel it’s no use to disagree when a government agency tells them that they have to follow a certain process. Sometimes, our office is able to advise and assist people in obtaining results they seek. At one of our recent mobile intake clinics, a senior citizen came to us because she was told that the only way she could challenge a redlight camera ticket was to appear in court....more
Waiting period waived for reimbursement to 90 year old
PharmaCare
A man called on behalf of his 90-year-old mother in June after she had been told that an overpayment she made to PharmaCare could not be reimbursed until after the end of the year. The woman felt, considering her age, it was unfair to have to wait to recover the overpayment.
When PharmaCare became aware of the woman’s age, they agreed to reimburse her immediately. PharmaCare advised that it was unfortunate that when she had called to request reimbursement the women had not been advised she could apply for early retroactive payment.
Residency requirements waived for long-term care patient
Vancouver Island Health Authority
Mr K complained about the residency requirements of the Vancouver Island Health Authority (VIHA) for obtaining subsidized placement of his 93-year-old mother in a long-term care facility. He explained that he and his wife had moved to British Columbia from Ontario several months previously....more
Health authority resolves concern about Inadequate home support services
Health Authority
An elderly woman, Ms C, complained that her local health authority failed to provide her with adequate home-support services. She said that her husband was recently placed in a care facility, but she remained at home with a number of different medical problems that made it increasingly difficult for her to cope on her own....more
The Right to Rely on Information Provided by Public Agencies is a Fundamental Principle of Fairness
The Ombudsman investigates complaints about a public agency when it appears that the agency has not met its duty of care in ensuring the accuracy of the information it provides. The public has a right to expect that information provided by public agencies is accurate....more
BC Pension Corporation
Mr. P worked in Alberta as a public servant for 18 years before taking a job with the public service in British Columbia in 1990. The reciprocity agreement in place between the two provinces at the time (now defunct) allowed an employee to transfer pension credits to B.C. rather than collect a pension from Alberta at retirement. Mr. P enquired about this transfer option and received and signed a transfer application. This application indicated that the transferred money might or might not be adequate to purchase the same years of pension credit in B.C. Mr. P signed without asking for more details....more
BC Pension Corporation
Mrs. V, a widow and pensioner, complained to this office that the British Columbia Pension Corporation had temporarily discontinued her pension payments following the death of her husband, causing her unnecessary hardship....more
Ministry Refunds $40,000 Overpayment
Ministry of Health
Residents of care facilities pay a user fee to the Ministry of Health. The fee, set annually, is based on residents’ income.
Over the years, the ministry has used various methods to determine income. For example, the ministry has used Medical Services Plan premium rates as a reference point, assuming that residents receiving assistance with premiums were likely to have the lowest incomes, while those not on premium assistance must have a level of income that would justify higher user fees. However, in some cases, these assumptions were incorrect...more
Ministry of Social Development and Economic Security
The Ministry of Social Development and Economic Security (MSDES) denied Ms. C’s application for a new manual wheelchair for her husband. He had been confined to a wheelchair for 22 years....more
Ministry of Social Development and Economic Security
Ms. T’s Seniors Supplement payments were suspended for several months to recover an overpayment that had been made to her deceased husband. She did not receive a clear explanation of how the debt had arisen or why she was responsible, rather than her husband’s estate....more
Emergency Services Commission
Ms. R was a widow whose husband had recently died of cancer. During his illness, he had episodes of severe pain. On one such occasion, Ms. R called an ambulance to take him to hospital.
When the ambulance attendants arrived, Mr. R was lying in bed in a basement room reached by a narrow corridor. The attendants told Ms. R that, because of the narrowness of the corridor and tight corners, they could not bring a stretcher into the room. Ms. R believed that it was possible to bring a stretcher into the room, but could not convince the attendants of this....more
Educational Institution
Mr. W’s late wife had been employed by an educational institution and she had named him the beneficiary of her pension in the event of her death. When she died, Mr. W received monies payable under the plan. Later, plan administrators determined that supplemental pension benefits should also be paid. Instead of paying those additional monies to Mr. W, the named beneficiary, the pension plan paid them to his wife’s estate....more