CITATION: Waddell v. Weeneebayko Area Health Authority, 2019 ONSC 7375
DIVISIONAL COURT FILE NO.: 360/18 DATE: 20191217
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BACKHOUSE, D.L. CORBETT and F.L. MYERS JJ.
BETWEEN:
JOHN M. WADDELL
Robert Waddell, for the Appellant
Appellant
– and –
WEENEEBAYKO AREA HEALTH AUTHORITY
Paula Trattner and Sarah McLeod, for the Respondent
Respondent
HEARD at Toronto: December 17, 2019
D.L. CORBETT J. (Orally)
[1] We conclude that there is no merit whatsoever to this appeal.
[2] The alleged procedural irregularities, bias, and delay in processes at the Health Authority, were all addressed before and dealt with reasonably by HPARB in a de novo hearing. On the merits, HPARB applied the proper statutory test under the Public Hospitals Act and came to the conclusion that the appellant did not meet the test for hospital privileges. This conclusion is reasonable. Indeed, it is unassailable.
[3] The appellant became increasing hostile to other health professionals at WAHA to the point that his continued involvement at WAHA was not tenable. This conduct continued on social media after the fact to the time of the hearing at the Board, something that HPARB was entitled to consider: the appellant’s behavioural issues were not transitory and episodic and were continuing.
[4] We would reject the request to grant honourary privileges to the appellant nor would we send that issue back to HPARB. This issue was not in the application before HPARB and while we accept that the appellant served northern communities for a decade, and his passion for his work, his commitment to his patients and the competence of his patient care, were never in question, the extreme nature of the appellant’s inappropriate conduct in issue here, in the context of a small facility, serving vulnerable and underserved communities, fully supports the decision of HPARB.
[5] The appeal is dismissed with costs to the respondent of $29,000, inclusive, as agreed.
D.L. CORBETT J.
I agree
BACKHOUSE J.
I agree
F.L. MYERS J.
Date of Oral Reasons for Judgment: December 17, 2019
Date of Release: December 18, 2019
CITATION: Waddell v. Weeneebayko Area Health Authority, 2019 ONSC 7375
DIVISIONAL COURT FILE NO.: 360/18 DATE: 20191217
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BACKHOUSE, D.L. CORBETT and F.L. MYERS JJ.
BETWEEN:
JOHN M. WADDELL
Appellant
– and –
WEENEEBAYKO AREA HEALTH AUTHORITY
Respondent
ORAL REASONS FOR JUDGMENT
D.L. CORBETT J.
Date of Oral Reasons for Judgment: December 17, 2019
Date of Release: December 18, 2019