Moharib v. Misericordia Hospital, (1995) 105 Man.R.(2d) 163 (QB)

JudgeKrindle, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateAugust 09, 1995
JurisdictionManitoba
Citations(1995), 105 Man.R.(2d) 163 (QB)

Moharib v. Misericordia Hospital (1995), 105 Man.R.(2d) 163 (QB)

MLB headnote and full text

Nassif Moharib (applicant) v. Misericordia General Hospital (respondent)

(Suit No. CI 95-01-87703)

Indexed As: Moharib v. Misericordia General Hospital

Manitoba Court of Queen's Bench

Krindle, J.

August 9, 1995.

Summary:

The board of directors of a hospital ter­minated a doctor's privileges on the recom­mendation of an appeal tribunal. The doctor applied to quash the decision of the board of directors.

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

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal - Bias - Apprehension of - A doctor's hospital privileges were terminated on the recommendation of an appeal tribu­nal - The doctor challenged three mem­bers of the tribunal, claiming that there was a reasonable apprehension of bias - The husband of one member worked at a large clinic with three witnesses opposing the doctor - Another member had refused a job offered by a witness and had been a student of another witness - Another member was a nurse and four witnesses were nurses - The Manitoba Court of Queen's Bench held that the doctor failed to show a reasonable apprehension of bias - The court stated that the doctor's claims were speculative and ignored the ability of the members to reach an independent decision - See paragraphs 2 to 7.

Administrative Law - Topic 9122

Boards and tribunals - Administrative appeals - Scope of appeal or standard of review - [See first Hospitals - Topic 356 ].

Hospitals - Topic 356

Operation - Doctors - Restriction or revo­cation of hospital privileges - Appeals - A doctor's hospital privileges were terminated by the hospital's board of directors on the recommendation of an appeal tribunal - The doctor claimed that the appeal tribunal could only reverse the fact findings of the judicial hearing committee in cases of "manifest" or "palpable" error in the same fashion as appellate tribunals were restricted from interfering with fact find­ings made by trial judges - The Manitoba Court of Queen's Bench held that the appeal tribunal was not subject to the strict rules of appellate review - See paragraph 9.

Hospitals - Topic 356

Operation - Doctors - Restriction or revo­cation of hospital privileges - Appeals - A doctor's hospital privileges were terminated on the recommendation of an appeal tribu­nal - The doctor claimed that the appeal tribunal applied its personal knowledge to enhance the evidence and claimed that one member of the tribunal "augmented" the evidence - The Manitoba Court of Queen's Bench acknowledged that experts on a judicial hearing committee could not su­perimpose their personal knowledge on the evidence so as to augment as well as weigh it - The court held that the evidence failed to show that the member augmented the evidence before the tribunal - See paragraph 8.

Cases Noticed:

Huerto v. College of Physicians & Sur­geons (Sask.), [1994] 9 W.W.R. 457; 124 Sask.R. 33 (Q.B.), refd to. [para. 8].

Counsel:

G.T. Campbell and T. Hansell, for the applicant;

Michael T. Green, for the respondent.

This application was heard by Krindle, J., of the Manitoba Court of Queen's Bench, who delivered the following judgment on August 9, 1995.

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3 practice notes
  • Moharib v. Misericordia Hosp., (1996) 107 Man.R.(2d) 283 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 5 Enero 1996
    ...The doctor applied to quash the decision of the board of directors. The Manitoba Court of Queen's Bench, in a decision reported at 105 Man.R.(2d) 163, dismissed the application. The doctor appealed. The Manitoba Court of Appeal dismissed the appeal. Administrative Law - Topic 2088 Natural......
  • Moharib v. Seven Oaks General Hospital et al., (1999) 136 Man.R.(2d) 157 (QBM)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba
    • 9 Abril 1999
    ...A Master of the Manitoba Court of Queen's Bench dismissed the action. Editor's Note: For related cases involving the parties, see: 105 Man.R.(2d) 163; 107 Man.R.(2d) 283 ; 109 W.A.C. 283 . Libel and Slander - Topic 2864 Defences - Justification or truth - Evidence and proof - The plaint......
  • Cameron v. East Prince Health Authority, (1999) 176 Nfld. & P.E.I.R. 296 (PEITD)
    • Canada
    • 1 Marzo 1999
    ...(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 ......
3 cases
  • Moharib v. Misericordia Hosp., (1996) 107 Man.R.(2d) 283 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 5 Enero 1996
    ...The doctor applied to quash the decision of the board of directors. The Manitoba Court of Queen's Bench, in a decision reported at 105 Man.R.(2d) 163, dismissed the application. The doctor appealed. The Manitoba Court of Appeal dismissed the appeal. Administrative Law - Topic 2088 Natural......
  • Cameron v. East Prince Health Authority, (1999) 176 Nfld. & P.E.I.R. 296 (PEITD)
    • Canada
    • 1 Marzo 1999
    ...(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 ......
  • Moharib v. Seven Oaks General Hospital et al., (1999) 136 Man.R.(2d) 157 (QBM)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 9 Abril 1999
    ...A Master of the Manitoba Court of Queen's Bench dismissed the action. Editor's Note: For related cases involving the parties, see: 105 Man.R.(2d) 163; 107 Man.R.(2d) 283 ; 109 W.A.C. 283 . Libel and Slander - Topic 2864 Defences - Justification or truth - Evidence and proof - The plaint......

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