This is an appeal from a motion judge's order allowing a medical negligence claim to proceed in the Superior Court, despite the plaintiff being a professional football player subject to a collective agreement with an arbitration clause.
The appellant, a radiologist, argued the claim fell under the collective agreement.
The Court of Appeal affirmed the motion judge's decision, holding that the "essential character" of the dispute was medical negligence by an independent third-party physician, not a dispute arising from the collective agreement.
Furthermore, the arbitration process under the collective agreement would not provide effective redress for a medical malpractice claim, particularly regarding costs and expert fees.
