Swift Current Care Centre et al. v. Swift Current District Health Board, (1996) 147 Sask.R. 279 (QB)

• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 13, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 147 Sask.R. 279 (QB)

Swift Current Care v. Health Bd. (1996), 147 Sask.R. 279 (QB)

MLB headnote and full text

Swift Current Care Centre and Mary Andrusyshyn, Robert J. Ashton Sr., Alida Black, Charlie Butcher, Wilmer Carey, Beatrice Carr, Martin Elkink, Elsie Fast, John Fehr, Carl Forde, Maria Forde, Thelma Gray, Annie Harris, Tillie Hay, Grant Hegg, Lorraine Hourie, Jean Hunter, Elmer Jorgenson, Laura Landmark, John McClare, Annie Mann, Ewald Metke, Lydia Meyer, Susie Reddekopp, Muriel Sluth, Susie Wengel and Minnie Woods on their own behalf and on behalf of all residents of Swift Current Care Centre and Chantelle Management Ltd., operator of Swift Current Care Centre (plaintiffs) v. Swift Current District Health Board (defendants)

(1996 Q.B. No. 131)

Indexed As: Swift Current Care Centre et al. v. Swift Current District Health Board

Saskatchewan Court of Queen's Bench

Judicial Centre of Swift Current

MacPherson, C.J.Q.B.

September 13, 1996.

Summary:

A nursing home, its operator and several of its residents, brought an action against the Swift Current District Health Board after the Board gave notice in a letter dated May 16, 1996, that it was terminating an affiliation agreement entered into between it and the operator of the nursing home. The plaintiffs moved for an order to, inter alia, enjoin the Board from implementing its decision to terminate funding to the nursing home or from terminating the affiliation agreement.

The Saskatchewan Court of Queen's Bench granted an order enjoining the Board from closing the nursing home, if such closure was based on its May 16, 1996, letter.

Administrative Law - Topic 8964

Boards and tribunals - Exercise of powers - Grounds for review - Breach of con­stituent statute or bylaws - The Swift Current District Health Board held a special meeting on May 13, 1996, at which a motion was passed to reduce funding to a nursing home to zero - By a letter dated May 16, 1996, the Board advised the nursing home operator that it was termi­nating the affiliation agreement which the Board had entered with it, effective De­cember 1, 1996 - The Saskatchewan Court of Queen's Bench held that the May 13 meeting was invalid and the notice to terminate was a nullity, where there was no indication that each Board member was informed of the purpose of the meeting and the business to be transacted as required by the Board's bylaws - The court granted the plaintiffs' motion for an order enjoining the Board from closing the nursing home, if such closure was based on its May 16, 1996, letter.

Civil Rights - Topic 3193

Trials - Due process, fundamental justice and fair hearings - Administrative and noncriminal proceedings - Procedure not contrary to fundamental justice - Residents of a nursing home argued that the Swift Current District Health Board's actions in proposing to close the nursing home inter­fered with the rights of those residents under s. 7 of the Charter - The Saskatchewan Court of Queen's Bench, by way of obiter, rejected the argument - See paragraph 21.

Contracts - Topic 7400

Interpretation - General - By a letter dated May 16, 1996, the Swift Current District Health Board gave notice to an operator of a nursing home that it was terminating an affiliation agreement with the nursing home operator effective De­cember 1, 1996 - The Saskatchewan Court of Queen's Bench, by way of obiter, stated that the agreement was clear that either party could terminate the agreement at any time on six months prior written notice - The court rejected the nursing home's interpretation that the agreement required six months notice of the closing of the home in such a way that the closing would occur only at the end of the fiscal period - See paragraph 21.

Government Programs - Topic 2284

Housing - Nursing homes - Funding - [See Administrative Law - Topic 8964 and Civil Rights - Topic 3193 ].

Health - Topic 1121

Services - Financing - General - [See Administrative Law - Topic 8964 and Civil Rights - Topic 3193 ].

Injunctions - Topic 1609

Interlocutory or interim injunctions - Circumstances when injunction will issue - [See Administrative Law - Topic 8964 ].

Practice - Topic 209

Persons who can sue and be sued - In­dividuals and corporations - Status or standing - Class or representative actions - General principles - The plaintiffs, which included several residents of a nursing home, sought an order to, inter alia, enjoin the Swift Current District Health Board from terminating funding to the nursing home - The individual plain­tiffs sued on their own behalf and in a representative capacity on behalf of the other nursing home residents who were not named - The Saskatchewan Court of Queen's Bench commented by way of obiter on the appropriateness of the pur­ported representative action - The court stated that it could not be assumed that all of the residents would suffer if the home were closed or that they would all have remedies in common when it was possible that some might welcome a relocation to a different facility - See paragraph 21.

Cases Noticed:

International Capital Corp. et al. v. Schafer et al. (1995), 130 Sask.R. 23 (Q.B.), refd to. [para. 21].

Authors and Works Noticed:

Fraser's Handbook on Canadian Company Law (8th Ed. 1994), p. 293 [para. 17].

Counsel:

G.J. Kuski, Q.C. and T.W. Wakeling, for the plaintiffs;

R.G. Richards and J.P. Hardy, for the defendants.

This motion was heard before MacPherson, C.J.Q.B., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Swift Current, who delivered the following deci­sion on September 13, 1996.