The respondent physician commenced an action for loss of income after his hospital privileges were temporarily restricted following an incident in the operating room.
The appellant hospital and doctors brought a motion for summary judgment, arguing the court lacked jurisdiction because the respondent had not first proceeded to a hearing before the Health Professions Appeal and Review Board (HPARB) under the Public Hospitals Act.
The motion judge dismissed the jurisdictional challenge.
The Court of Appeal upheld the decision, finding that the respondent had followed through with the hospital's internal dispute resolution process, which concluded with his return to full practice, and therefore he was not required to seek a hearing before the HPARB before commencing his civil action.
