Aislinn E. Reid

The appellants, private practice oral surgeons, appealed a Divisional Court decision dismissing their application for judicial review of a hospital board's decision to cancel their operating room access and hospital privileges.

The board made the decision without a hearing, relying on s. 44 of the Public Hospitals Act, which allows a hospital to revoke privileges when ceasing to provide a service.

The Court of Appeal dismissed the appeal, finding that the board's interpretation of s. 44 was reasonable, that the termination of the specific operating room access constituted ceasing a 'service', and that the board was not required to hold a hearing or consider the appellants' affidavits.

The defendant employer brought a motion for summary judgment to dismiss a wrongful dismissal action, arguing the plaintiff employee had resigned, abandoned his employment, or that the contract was frustrated due to his illness.

The plaintiff had taken a medical leave for depression and anxiety, and his short-term disability benefits were terminated by the plan administrator.

When the plaintiff refused to return to work on medical advice but also did not appeal the benefits denial, the employer deemed him to have resigned pursuant to its policy.

The court dismissed the employer's motion and instead granted summary judgment for the plaintiff, finding no clear and unequivocal resignation, no abandonment, and no frustration of contract, concluding the plaintiff was wrongfully dismissed.