Simone Livshits

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 court dismissed IBM Canada Ltd.'s appeal from an endorsement refusing to strike certain paragraphs from Bruce Maule’s Fourth Amended Statement of Claim in a wrongful dismissal action.

The court found that the pleadings regarding systemic age discrimination and the employment circumstances of other IBM US employees were relevant, not overly broad, and not an abuse of process.

The court held that the pleadings were sufficiently particularized and provable, and that any concerns about discovery scope or prejudice could be managed at trial.

The decision affirms the importance of allowing claims of systemic discrimination to proceed where material facts are pleaded.

The defendant, IBM Canada Ltd., brought a motion to strike certain pleadings from the plaintiff's Second Amended Statement of Claim.

The impugned pleadings alleged systemic age discrimination by IBM U.S. and referenced employment circumstances of IBM U.S. employees, which the plaintiff claimed were connected to his wrongful dismissal and age discrimination by IBM Canada.

The court dismissed IBM Canada's motion, finding the pleadings relevant to the claims of systemic discrimination and punitive damages, particularly given the alleged operational connection between IBM U.S. and IBM Canada regarding the plaintiff's employment decisions.

The dismissal was conditional on the plaintiff making proposed amendments to narrow the scope of the allegations.