Supreme Court

Decision Information

Decision Content

                                            SUPREME COURT OF NOVA SCOTIA

                             Citation: Awan v. Cumberland Health Authority 2005 NSSC 49

 

                                                                                                                                  Date: 20050303

                                                                                                                            Docket: SH 214285

                                                                                                                                Registry:  Halifax

 

Between:

                                                                  Shahid I. Awan

                                                                                                                                                 Plaintiff

                                                                             v.                                        

                                                        Cumberland Health Authority

                                                                                                                                             Defendant

 

 

                                                         LIBRARY HEADING

 

Judge:             The Honourable Justice John D. Murphy

 

Heard:                        November 22 and 23, 2004,  in Halifax, Nova Scotia

 

Written Decision:       March 7, 2005

 

Subject:           Summary Judgment, Professional Contract Statutory Interpretation

 

Summary:       Plaintiff physician made anaesthetic services available to the Defendant for more than 20 years pursuant to contractual arrangements.  Contract provided that Plaintiff receive substantial payment, including guaranteed minimum income, and also included provisions concerning notice and payment to be received if Defendant terminated the agreement.  In 2002 an Amendment was added to the Health Services and Insurance Act (HSIA) to nullify certain agreements between providers and  hospitals, and to eliminate compensation payable, including termination payments.  Defendant claimed the Amendment nullified contractual arrangement with Plaintiff; Plaintiff commenced action alleging Defendant wrongfully ended the relationship without providing proper notice or payment upon termination.

 

Defendant sought summary judgment claiming the Amendment provided a full and complete defence to Plaintiff’s claim; Plaintiff also sought summary judgment on basis Amendment did not apply to the relationship and no arguable issue arose concerning his entitlements upon contract termination.

 

Issues:            Should either party obtain summary judgment?

 


Was the Defendant a “hospital” as defined in applicable legislation?

Result:            Both Summary Judgment Applications denied.  Defendant’s status as a hospital is dependent upon a genuine or arguable issue of material fact requiring trial.

 

To be a hospital under HSIA, Defendant required approval either under Hospitals Act, or by Minister for purposes of HSIA.  Whether Defendant was approved as a hospital is a question of law; however, determining if events took place necessary to establish approval involves issues of material fact.

 

In this case, it could be determined on Summary Judgment Application that Defendant was not a hospital under the Hospitals Act with reference to Plaintiff’s claim, because required approval by Governor in Council was not in place, due to irregularities enacting and publishing Order-in-Council.  However, the evidence concerning approval under HSIA did not provide sufficient factual information concerning the steps taken by the Minister, and material facts concerning the Defendant’s status under the HSIA remained in dispute, leaving a genuine or arguable issue requiring trial.

 

 

 

 

 

 

 

 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.