Abouna v. Foothills Provincial General Hospital Board, (1978) 8 A.R. 94 (CA)

• Judge: McGillivray, C.J.A., Lieberman and Prowse, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: January 27, 1978
• Citations: (1978), 8 A.R. 94 (CA);1978 ALTASCAD 1;83 DLR (3d) 333;[1978] 2 WWR 130;8 AR 94;[1978] AJ No 964 (QL)

Abouna v. Foothills Hospital (1978), 8 A.R. 94 (CA)

MLB headnote and full text

Abouna v. Foothills Provincial General Hospital Board

Indexed As: Abouna v. Foothills Provincial General Hospital Board

Alberta Supreme Court

Appellate Division

McGillivray, C.J.A., Lieberman and Prowse, JJ.A.

January 27, 1978.

Summary:

This case arose out of a doctor's claim against a hospital for damages for the wrongful revocation of his appointment to the staff of the hospital. The hospital terminated the doctor's appointment to the hospital staff without notice and without giving the doctor an opportunity to be heard. The doctor brought an action for damages for wrongful termination of his appointment. The Alberta Supreme Court, Trial Division, in a judgment reported 4 A.R. 573 allowed the doctor's action and awarded him $100,000.00 damages. The Trial Division held that both the hospitals bylaws and the rules of natural justice required the hospital to give the doctor notice of any charges and an opportunity to answer the charges before the termination of his appointment. The hospital appealed on the questions of liability and damages.

The Alberta Court of Appeal affirmed the judgment of the Trial Division on the liability of the hospital for wrongful termination of the appointment. The Court of Appeal allowed the hospital's appeal on damages and reduced the doctor's damages to $10,000.00.

Damages - Topic 555

Limits of compensatory damages - Remoteness - Contracts - Consequential damages - Loss of reputation - A hospital terminated a doctor's appointment to the staff of the hospital without the proper procedure - The doctor brought an action for damages for the wrongful termination of his appointment and claimed damages for loss of reputation in addition to loss of income - The Alberta Court of Appeal held that damages for loss of reputation were not recoverable in such an action - See paragraphs 56 to 66.

Hospitals - Topic 344

Operation of hospitals - Doctors - Restriction or revocation of a doctor's hospital privileges - Right of doctor to a hearing - A doctor's privileges were revoked by a hospital without notice and without giving the doctor an opportunity to be heard - The reason for the revocation was that the doctor was a disruptive influence in the hospital - The Alberta Court of Appeal held that the hospital was required to give the doctor notice of any charges and an opportunity to answer the charges before the revocation of his privileges, where the charges involved alleged professional misconduct - See paragraphs 31 to 44.

Hospitals - Topic 350

Operation of hospitals - Doctors - Restriction or revocation of a doctor's hospital privileges - Measure of damages for wrongful revocation - A hospital without following the proper procedure terminated a doctor's appointment to the staff of the hospital in October - The Alberta Court of Appeal found that the doctor would not have been reappointed for the coming year in any event - The Alberta Court of Appeal held that the doctor's damages should be assessed as if he would not have been reappointed - See paragraphs 45 to 55.

Cases Noticed:

Bellechasse Hospital Corp. v. Pilotte, [1975] 2 S.C.R. 454, appld. [para. 43].

Ridge v. Baldwin, [1963] 2 All E.R. 66, appld. [para. 43].

Durayappah v. Fernando, [1967] 2 All E.R. 152, appld. [para. 43].

Addis v. Gramaphone Co. Ltd., [1909] A.C. 490 (H.L.), appld. [para. 59].

Withers v. General Theatre Corp., [1933] 2 K.B. 536, appld. [para. 61].

Statutes Noticed:

Hospitals Act, R.S.A. 1970, c. 174, sect. 28(d), sect. 29, sect. 30.1, sect. 31, sect. 38(1)(f1), sect. 38(1)(g), sect. 38(1)(h) [para. 4].

Counsel:

J.R. Smith, Q.C., for the appellant hospital;

R.T.G. McBain, Q.C., and J. Landry, for the respondent.

This case was heard before McGILLIVRAY, C.J.A., LIEBERMAN and PROWSE, JJ.A., of the Alberta Supreme Court, Appellate Division.

On January 27, 1978, the following judgment of the Appellate Division was delivered: