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Private clinic ordered to pay B.C.91Ƶs costs in wake of 91Ƶgruelling91Ƶ lawsuit

Cambie Surgeries Corp. launched suit against B.C.91Ƶs Medicare Protection Act in 2009
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The exterior of the Cambie Surgery Centre is pictured in Vancouver., Monday, November, 18, 2019. A private medical clinic that launched a constitutional challenge of Canada91Ƶs public health care system must pay the B.C. government91Ƶs legal costs after the 91Ƶgruelling marathon91Ƶ the case became, the B.C. Supreme Court has ruled. THE CANADIAN PRESS/Jonathan Hayward

A private medical clinic that launched an unsuccessful constitutional challenge of Canada91Ƶs public health care system must pay the B.C. government91Ƶs legal costs, after what a judge calls a 91Ƶgruelling marathon91Ƶ of a case.

Cambie Surgeries Corp. launched a lawsuit back in 2009, claiming B.C.91Ƶs Medicare Protection Act was unconstitutionally preventing people from getting private health care when the public system was unable to provide it.

The B.C. Supreme Court, the B.C. Court of Appeal and the Supreme Court of Canada all shot down the private surgery clinic91Ƶs case, but the issue of trial costs was left in the air.

B.C. Supreme Court Justice Jennifer Lynn Whately ruled Monday that Cambie Surgeries should pay the Attorney General of British Columbia91Ƶs trial costs, calling the long-running litigation 91Ƶprodigiously lengthy and complex.91Ƶ

The ruling says the lawsuit by Cambie Surgeries was being funded by the Canadian Constitution Foundation.

The ruling doesn91Ƶt specify the province91Ƶs costs, but the foundation said last year the B.C. government was seeking $1.7 million from the charitable foundation and 91Ƶits partners.91Ƶ

The court ruling says the government argued that Cambie Surgeries was a 91Ƶwell-resourced91Ƶ party that had a financial stake in the outcome of the case, rather than a public-interest litigant going to bat for patients let down by the public health care system.

It says the B.C. government claimed the private clinic was making 91Ƶtens of millions91Ƶ in profit by violating the public health care protection law.

The judge found that Cambie Surgeries91Ƶ financial interest in winning the case 91Ƶlikely preclude them from being considered true public interest litigants.91Ƶ

Whately found that the case 91Ƶinvolved matters of great importance to all British Columbians, not only in a legal sense, but in terms of the practical, day-to-day impact on access to health care, the funding of health care services, and the principles that uphold our public health care system.91Ƶ

The private clinic said the case involved 91Ƶnovel91Ƶ legal issues and assessing the 91Ƶgovernment91Ƶs constitutional obligations to provide public health care within a reasonable time, and the 91Ƶpractical consequences91Ƶ that must be associated to the failure to do so.91Ƶ

Both sides tried to blame one another for the case dragging on, with the Attorney General of B.C. citing 91Ƶegregious91Ƶ conduct around document disclosure, experts and witnesses while pursuing a meritless claim under the Charter.

Cambie Surgeries and the other plaintiffs, on the other hand, said the B.C. government had its 91Ƶown 91Ƶmassive91Ƶ shortcomings in document disclosure and production, and that it derailed the litigation process.

The case eventually went to trial in 2016 and spanned four years before the B.C. Supreme Court ruled against Cambie Surgeries. That decision was upheld by the B.C. Court of Appeal, before the Supreme Court of Canada denied leave for a further appeal.

Neither the Attorney General91Ƶs office nor clinic owner Dr. Brian Day immediately responded to a request for comment on the ruling.





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