SUPREME COURT OF Nova Scotia
Citation: Taylor v. Nova Scotia (Health and Wellness), 2017 NSSC 131
Date: 20170630
Docket: Hfx No. 458203
Registry: Halifax
Between:
Mark Taylor, Jonathan Trites, Matthew Rigby, Rob Hart, David Morris, Manohar Bance, Emad Massoud, Harry Henteleff, Gerald MacKean, Min Lee, Patrick Casey, Chad Coles, William Oxner, Carman Giacomantonio, Marius Hoogerboord, Katerina Neumann, Lucy Helyer
Applicants
v.
Her Majesty the Queen in Right of the Province of Nova Scotia, as represented by the Minister of Health and Wellness, Medavie Blue Cross, Administrator of Medical Services Insurance, The Attorney General of Nova Scotia
Respondents
Library Heading
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Judge: |
The Honourable Justice Ann E. Smith |
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Heard: |
May 16, 2017 in Halifax, Nova Scotia |
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Subject: |
Interpretation of contractual provisions in Agreement between the Minister of Health and Wellness (DHW) and Doctors Nova Scotia (DNS)
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Summary: |
The Applicant physicians sought judicial review of decisions of the Minister of Health and Wellness made through Medical Service Insurance (MSI). The decisions had refused their requests for access to “facilitated resolution” of their pre‑payment assessments pursuant to the 2016 Master Agreement between DHW and DNS. The Applicants claimed that MSI was wrong in its interpretation of the transition and appeal processes found in Schedule E of the Master Agreement.
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Issues: |
The sole issue was whether MSI correctly interpreted Schedule E of the Master Agreement when it denied the Applicants’ requests for facilitated resolution of their pre‑payment assessments.
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Result: |
The Application is dismissed. The Applicants are not a party to the 2016 Master Agreement. Articles 52, 53 and 54 of Schedule E contain ambiguities. Taking into account the commercial context of the Master Agreement and reading it as a whole, the Court interpreted the relevant provisions in a manner which best reflected the intent of the parties at the time of their agreement. The interpretation advanced by the Applicants did not result in a sensible commercial result for a number of reasons. |
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