Digest: Sun Country Regional Health Authority v Mamchur, 2018 SKQB 79

• Date: March 06, 2018

Reported as: 2018 SKQB 79

Docket Number: QB17461 , QBG 1366/15 JCR

Court: Court of Queen's Bench

Date: 2018-03-06

Judges:

• Kalmakoff

Subjects:

• Civil Procedure � Queen�s Bench Rules, Rule 7-1
• Statutes � Interpretation � The Provincial Health Authority Act, Section 3-4

Digest: The plaintiff, Sun Country Regional Health Authority (SCRHA), applied for determination of an issue in advance of trial under rule 7-1 of The Queen�s Bench Rules. It had brought its claim against the defendant in 2015 for breach of contract, alleging that after paying him $25,000 per year to fund his medical studies under their contract, he breached his obligation to practice medicine for SCRHA for the next four years. The defendant denied any breach of the bursary agreements and alleged that SCRHA fundamentally breached or frustrated the agreements by failing to exercise good faith in its negotiations and communications with him and how it executed the agreements. It also failed to ensure that he would be offered the practice placement that was held out to him and failed to provide him safe and reasonable working conditions. The defendant filed a counterclaim alleging that SCRHA had not taken the steps necessary to ensure that he could practice in a location acceptable to him and sought damages for lost wages, punitive or exemplary damages. He also amended his statement of defence, arguing that under the retroactive provision of s. 3-4 of The Provincial Health Authority Act that came into force in December 2017, all the bursary agreements were now between him and the provincial body, and as he had in fact practiced with the SCRHA since 2014 and into the future, he had...