Assiniboine Medical Holdings Ltd. v. Health Services Commission (Man.), (1990) 67 Man.R.(2d) 75 (CA)

• Judge: O'Sullivan, Huband and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 11, 1990
• Jurisdiction: Manitoba
• Citations: (1990), 67 Man.R.(2d) 75 (CA)

Assiniboine Medical v. Health Serv. (1990), 67 Man.R.(2d) 75 (CA)

MLB headnote and full text

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

(Suit No. 71/90)

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

Manitoba Court of Appeal

O'Sullivan, Huband and Helper, JJ.A.

May 11, 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, in a decision reported in 63 Man.R.(2d) 169, dismissed the appeal. The defendant appealed.

The Manitoba Court of Appeal 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 - The Manitoba Court of Appeal dismissed an appeal by the Health Services Commission.

Counsel:

W.G. McFetridge, for the appellant;

W.C. Kushneryk, Q.C., for the respondent.

This appeal was heard before O'Sullivan, Huband and Helper, JJ.A., of the Manitoba Court of Appeal on May 11, 1990, when the following decision was delivered for the court by Huband, J.A.