A party wishing to bring an action for damages arising out of a hospital privileges issue must first proceed by way of a statutory route to establish the basis for sustaining the claim in damages. To permit Applicants to commence actions for damages on a hospital privileges issue without following the statutory process, would result in a system whereby a dissatisfied party would be able to bypass the specialised tribunal, a result that is not permitted under the Act.
Administrative law – Physicians and surgeons – Hospital privileges – Damages – Statutory provisions – Decisions of administrative tribunals – Appeal process – Compliance with legislation – Jurisdiction of court Beiko v. Hotel Dieu Hospital St. Catharines, [2007] O.J. No. 331, Ontario Superior Court of Justice, January 26, 2006, G.B. Morawetz J. The Plaintiffs brought an ...