It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis

20. July 2021 0
Administrative law – Decisions reviewed – Hospital Appeal Board – Judicial review – Standard of review – Patent unreasonableness – Physicians – Hospital privileges Provincial Health Services Authority v. Campbell, [2021] B.C.J. No. 943, 2021 BCSC 823, British Columbia Supreme Court, April 30, 2021, N.P. Kent J. The petitioner, the Provincial Health Services Authority, is ...

A gastroenterologist (“Dr. Gopinath”) secured a ruling from the Health Professions Appeal and Review Board (“Appeal Board”) renewing his privileges without condition. The Toronto East General Hospital (the “Hospital”) was unsuccessful on an appeal where it attempted to restore the earlier decision of the Hospital Board denying him privileges unless he signed an undertaking and agreement to participate in the Physician Health Program (“PHP”).

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Hearings – Hearing de novo – Physicians and Surgeons – Hospital privileges – Disruptive behaviour – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Toronto East General Hospital v. Gopinath, [2014], O.J. No. 2248, 2014 ONSC 2731, Ontario Superior Court ...

The Applicant (“Dr. Khan”) unsuccessfully brought an application for judicial review in respect of a recommendation made by the Respondent Hospital’s Executive Committee of the Board of Directors (the “Committee”). The Committee recommended that Dr. Khan’s hospital privileges be terminated.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Physicians and surgeons – Hospital privileges – Hearings – Conduct of hearings – Bias – Judicial review application – Striking out – Premature – Judicial review – Compliance with legislation – Jurisdiction Khan v. Scarborough General Hospital, [2009} O.J. No. 5437, Ontario Superior ...

An appeal by the Defendant St. Paul’s Hospital (the “Hospital”) from dismissal of a motion to strike out a Statement of Claim issued by a surgeon (“Munro”) as disclosing no cause of action was dismissed where the Court held that it was not plain and obvious that Munro’s claim in contract would fail and the Hospital did not establish that the Court should decline jurisdiction to hear the tort claims

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Statutory powers – Physicians and surgeons – Hospital privileges – Judicial review – Compliance with legislation – Evidence – Remedies – Alternative remedies Munro v. St. Paul’s Hospital, [2009] B.C.J. No. 1475, British Columbia Court of Appeal, July 24, 2009, I.T. Donald, P.D. Lowry ...

The Appellant hospital appealed from a decision concluding that the Hospital Privileges Appeal Board had jurisdiction to hear the Respondent doctor’s appeal from a refusal by the hospital’s Operating Room Committee to increase his operating room time. The Court allowed the appeal, finding that the reviewing judge had failed to consider the preliminary question of whether the doctor had, as required, raised an issue of law in order to appeal from the Board’s decision, and also in applying the correctness standard to the Board’s decision. The appropriate standard of review is reasonableness, and the failure of the majority to provide reasons meant it was impossible to determine if the decision was reasonable.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Jurisdiction of tribunal – Physicians and surgeons – Hospital privileges – Appeals – Compliance with legislation – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Failure to provide reasons Macdonald v. Mineral Springs Hospital, [2008] A.J. No., 891, Alberta ...

A cardiologist (“Dr. Rosenhek”) was successful in establishing an entitlement to damages arising out of a denial of natural justice in the revocation of his hospital privileges

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Hearings – Conduct of hearings – Hearing de novo – Physicians and surgeons – Hospital privileges – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Damages Rosenhek v. Windsor Regional Hospital, [2007] O.J. No. 4486, Ontario Superior Court ...