2 total
Application for judicial review of hospital privileges termination dismissed as premature pending exhaustion of statutory remedies.
The applicant physician sought judicial review of a hospital board's motion decision regarding the termination of his hospital privileges due to disruptive conduct.
The applicant argued that the Medical Advisory Committee lacked jurisdiction to reconsider its recommendation, that a board member's comments breached the Public Hospitals Act, and that there was a reasonable apprehension of bias.
The Divisional Court dismissed the application, finding that the applicant must first exhaust his statutory remedies, including an appeal to the Health Professions Appeal and Review Board, before seeking judicial review.
Motion to stay hospital board hearing denied, but board ordered not to disclose decision pending judicial review.
The applicant physician brought a motion to stay a hearing before the hospital's Board of Directors regarding the termination of his hospital privileges, pending an application for judicial review.
The applicant alleged lack of notice and reasonable apprehension of bias.
The court found the applicant's case weak on the merits and that he would not suffer irreparable harm if the hearing proceeded.
The balance of convenience favoured continuing the hearing.
The motion for a stay was granted only to the extent that the Board was ordered not to disclose its decision until after the disposition of the judicial review application.
