Assiniboine Medical Holdings Ltd. v. Health Services Commission (Man.), (1990) 63 Man.R.(2d) 169 (QB)

• Judge: Dureault, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 31, 1990
• Jurisdiction: Manitoba
• Citations: (1990), 63 Man.R.(2d) 169 (QB)

Assiniboine Med. v. Health Serv. (1990), 63 Man.R.(2d) 169 (QB)

MLB headnote and full text

Assiniboine Medical Holdings Ltd., carrying on business under the firm name and style of Assiniboine Clinic Laboratory (plaintiff) v. Manitoba Health Services Commission (defendant)

(Suit No. CI 89-01-37037)

Indexed As: Assiniboine Medical Holdings Ltd. v. Health Services Commission (Man.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Dureault, J.

January 31, 1990.

Summary:

The defendant applied under Queen's Bench Rule 25.11 to strike out the plaintiff's statement of claim on the grounds (1) the plaintiff lacked standing to bring the action; (2) the court lacked jurisdiction over the issue raised and (3) the action was vexatious and an abuse of process. A Master of the Manitoba Court of Queen's Bench dismissed the application. The defendant appealed.

The Manitoba Court of Queen's Bench dismissed the appeal.

Practice - Topic 219

Persons who can sue and be sued - Individuals and corporations - Status or standing - Validity or interpretation of legislation - Regulations - The Manitoba Health Services Insurance Plan Physician's Manual established a tariff for payment to medical practitioners respecting insured services, including laboratory services - The Manual was contained in Manitoba Reg. 445/88 and authorized by the Lieutenant Governor-in-Council - The Manitoba Court of Queen's Bench held that an approved diagnostic laboratory had status to seek judicial interpretation of a provision in the Manual.

Cases Noticed:

Assiniboine Medical Holdings Ltd. v. Health Services Commission (Man.), 57 Man.R.(2d) 150, refd to. [para. 3].

Manitoba Clinic Holding Co. v. Manitoba Health Services Commission (1987), 44 Man.R.(2d) 139, refd to. [para. 19].

Statutes Noticed:

Health Services Insurance Act Regulations, Reg. 506/88R, 445/88, generally [paras. 2, 11]; sect. 47(1) [para. 4].

Counsel:

W.C. Kushneryk, Q.C., for the plaintiff;

W.G. McFetridge, for the defendant.

This appeal was heard before Dureault, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, whose decision was delivered on January 31, 1990.