Cameron v. East Prince Health Authority, (1999) 176 Nfld. & P.E.I.R. 296 (PEITD)

• Judge: Jenkins, J.
• Case Date: March 01, 1999
• Jurisdiction: Prince Edward Island
• Citations: (1999), 176 Nfld. & P.E.I.R. 296 (PEITD)

Cameron v. Health Authority (1999), 176 Nfld. & P.E.I.R. 296 (PEITD);

    540 A.P.R. 296

MLB headnote and full text

Temp. Cite: [1999] Nfld. & P.E.I.R. TBEd. MY.030

Dr. Douglas Ian Cameron (applicant) v. East Prince Health Authority (respondent)

(GSC-16575)

Indexed As: Cameron v. East Prince Health Authority

Prince Edward Island Supreme Court

Trial Division

Charlottetown Registry

Jenkins, J.

May 14, 1999.

Summary:

The East Prince Regional Authority re-fused to grant a doctor patient admitting privileges. The doctor applied to quash the decision, alleging that he was denied a fair hearing as required by the rules of natural justice.

The Prince Edward Island Supreme Court, Trial Division, dismissed the application. The court stated that the decision came very close, but did not cross the line, of breaching the rules of natural justice. Further, the Authority did not fail to exercise its statutory duty as required by law.

Administrative Law - Topic 526

The hearing and decision - Conduct of hearing - Adjournments - The East Prince Regional Authority refused to grant a doctor patient admitting privileges - The doctor applied to quash the decision, alleging that he was denied a fair hearing because the Authority refused to grant him an adjournment to commission an expert - The Prince Edward Island Supreme Court, Trial Division, dismissed the application - See paragraphs 140 to 151.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal - Bias - Apprehension of - The East Prince Regional Authority refused to grant a doctor patient admitting privileges -The doctor applied to quash the decision, alleging that he was denied a fair hearing because of a reasonable apprehension of bias respecting those involved in the decision - The Prince Edward Island Supreme Court, Trial Division, dismissed the application - The court reviewed the legal principles relating to the concept of reasonable apprehension of bias - See paragraphs 47 to 100.

Administrative Law - Topic 2484

Natural justice - Procedure - At hearing - Adjournments - [See Administrative Law - Topic 526 ].

Administrative Law - Topic 2608

Natural justice - Evidence and proof - Extraneous or irrelevant considerations - The East Prince Regional Authority re-fused to grant a doctor patient admitting privileges - The doctor applied to quash the decision, alleging that he was denied a fair hearing because the Authority commissioned and considered a public opinion survey regarding whether the doctor should be granted admitting privileges - The Prince Edward Island Supreme Court, Trial Division, dismissed the application - See paragraphs 131 to 139.

Administrative Law - Topic 2617

Natural justice - Evidence and proof - Disclosure - The East Prince Regional Authority refused to grant a doctor patient admitting privileges - The doctor applied to quash the decision, alleging that he was denied a fair hearing because he was not informed of the case to be met - The Prince Edward Island Supreme Court, Trial Division, dismissed the application - See paragraphs 114 to 130.

Hospitals - Topic 321

Operation - Doctors - Admission to practice in hospital - General - The Prince Edward Island Supreme Court, Trial Division, discussed the legal nature of a doctor's hospital patient admitting privileges - See paragraphs 37 to 46.

Hospitals - Topic 353

Operation - Doctors - Restriction or revocation of hospital privileges - Restoration of privileges - The East Prince Regional Authority refused to grant patient admitting privileges to a doctor whose privileges had been revoked - The doctor applied to quash the decision, alleging, a denial of natural justice on a number of grounds - The Prince Edward Island Supreme Court, Trial Division, dismissed the application - The court stated that the decision came very close, but did not cross the line, of breaching the rules of natural justice, nor did the Authority fail to exercise its statutory duty as required by law.

Practice - Topic 7021

Costs - Party and party costs - Entitlement - Successful party - Exceptions - Conduct -The East Prince Regional Authority re-fused to grant a doctor patient admitting privileges - The doctor applied to quash the decision, alleging, inter alia, bias - The Prince Edward Island Supreme Court, Trial Division, dismissed the application - The court stated that the impugned decision came very close, but did not cross the line, of breaching the rules of natural justice, nor did the Authority fail to exercise its statutory duty as required by law - The court however did not order the doctor to pay costs, noting that the Authority chose to conduct its dealings in a somewhat confrontational manner and in a manner which added to the doctor's suspicion of prejudgment - See paragraphs 166 to 169.

Cases Noticed:

Ward v. University of Prince Edward Island (1997), 157 Nfld. & P.E.I.R. 129; 486 A.P.R. 129 (P.E.I.T.D.), refd to. [para. 17].

Henderson v. Johnston, [1957] O.R. 627 (C.A.), affd. (1959), 19 D.L.R.(2d) 201 (S.C.C.), refd to. [para. 41].

Metropolitan Properties Co. (F.G.C.) Ltd. v. Lannon; R. v. London Rent Assessment Panel Committee; Ex parte Metropolitan Properties Co. (F.G.C.) Ltd., [1969] 1 Q.B. 577 (C.A.), refd to. [para. 48].

Committee for Justice and Liberty Foundation et al. v. National Energy Board et al. (1976), 9 N.R. 115; 68 D.L.R.(3d) 716 (S.C.C.), refd to. [para. 52].

Beaton v. Prince Edward Island Land Use Commission (1979), 20 Nfld. & P.E.I.R. 140; 53 A.P.R. 140 (P.E.I.C.A.), refd to. [para. 53].

Griffin v. Director of Police Services (Summerside) et al. (1998), 164 Nfld. & P.E.I.R. 1; 507 A.P.R. 1 (P.E.I.T.D.), refd to. [para. 53].

Huerto v. College of Physicians and Surgeons (Sask.) (1996), 141 Sask.R. 3; 114 W.A.C. 3; 133 D.L.R.(4th) 100 (C.A.), refd to. [para. 54].

Energy Probe v. Atomic Energy Control Board and Ontario Hydro (1984), 56 N.R. 135; 15 D.L.R.(4th) 48 (F.C.A.), refd to. [para. 55].

Muscillo Transport Ltd. et al. v. Licence Suspension Appeal Board (Ont.) et al. (1997), 37 O.T.C. 300; 149 D.L.R.(4th) 545 (Gen. Div.), refd to. [para. 56].

Moharib v. Misericordia General Hospital (1995), 105 Man.R.(2d) 163 (Q.B.), refd to. [para. 57].

Sobeys Inc. et al. v. Charlottetown (City) et al. (1996), 137 Nfld. & P.E.I.R. 227; 428 A.P.R. 227 (P.E.I.T.D.), refd to. [para. 58].

G.W.L. Properties Ltd. et al. v. Grace (W.R.) & Co. of Canada Ltd. et al. (1992), 21 B.C.A.C. 167; 37 W.A.C. 167 (C.A.), refd to. [para. 59].

Morgan v. Association of Ontario Land Surveyors (1980), 108 D.L.R.(3d) 643 (Ont. Div. Ct.), refd to. [para. 144].

Pierre v. Minister of Manpower and Immigration and Pickwell, [1978] 2 F.C. 849; 21 N.R. 91 (F.C.A.), refd to. [para. 146].

Authors and Works Noticed:

Blake, Sara, Administrative Law in Canada (2nd Ed. 1997), pp. 12 to 39 [para. 126]; 29 [para. 125]; 30 [paras. 125, 126]; 39 [para. 143].

Orkin, Mark M., The Law of Costs (2nd Ed.), para. 207 [para. 167].

Sharpe, Gilbert, The Law and Medicine in Canada (2nd Ed. 1987), pp. 255, 256 [para. 38]; 257 [paras. 38, 42]; 265, 266, 267, 268 [para. 43].

Counsel:

John K. Mitchell, Q.C., for the applicant;

William G. Lea, Q.C., for the respondent.

This application was heard on March 1, 1999, at Charlottetown, Prince Edward Island, before Jenkins, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judgment on May 14, 1999.