Four physicians appealed the dismissal of their action against a hospital regarding a reduction in their operating room allocation.
The motion judge had dismissed the action against the hospital, finding the court lacked jurisdiction as the matter fell under the statutory review regime of the Public Hospitals Act, but allowed the action to continue against the hospital's CEO.
The Court of Appeal dismissed the physicians' appeal and allowed the CEO's cross-appeal, concluding that the dispute over operating room access was a matter of hospital privileges governed by the Act, and that the pleadings failed to allege any personal wrongdoing by the CEO.
