A private medical clinic that launched an unsuccessful constitutional challenge of Canada香蕉视频直播檚 public health care system must pay the B.C. government香蕉视频直播檚 legal costs, after what a judge calls a 香蕉视频直播済ruelling marathon香蕉视频直播� of a case.
Cambie Surgeries Corp. launched a lawsuit back in 2009, claiming B.C.香蕉视频直播檚 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 clinic香蕉视频直播檚 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 Columbia香蕉视频直播檚 trial costs, calling the long-running litigation 香蕉视频直播減rodigiously lengthy and complex.香蕉视频直播�
The ruling says the lawsuit by Cambie Surgeries was being funded by the Canadian Constitution Foundation.
The ruling doesn香蕉视频直播檛 specify the province香蕉视频直播檚 costs, but the foundation said last year the B.C. government was seeking $1.7 million from the charitable foundation and 香蕉视频直播渋ts partners.香蕉视频直播�
The court ruling says the government argued that Cambie Surgeries was a 香蕉视频直播渨ell-resourced香蕉视频直播� 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 香蕉视频直播渢ens of millions香蕉视频直播� in profit by violating the public health care protection law.
The judge found that Cambie Surgeries香蕉视频直播� financial interest in winning the case 香蕉视频直播渓ikely preclude them from being considered true public interest litigants.香蕉视频直播�
Whately found that the case 香蕉视频直播渋nvolved 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.香蕉视频直播�
The private clinic said the case involved 香蕉视频直播渘ovel香蕉视频直播� legal issues and assessing the 香蕉视频直播済overnment香蕉视频直播檚 constitutional obligations to provide public health care within a reasonable time, and the 香蕉视频直播榩ractical consequences香蕉视频直播� that must be associated to the failure to do so.香蕉视频直播�
Both sides tried to blame one another for the case dragging on, with the Attorney General of B.C. citing 香蕉视频直播渆gregious香蕉视频直播� 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 香蕉视频直播渙wn 香蕉视频直播榤assive香蕉视频直播� 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 General香蕉视频直播檚 office nor clinic owner Dr. Brian Day immediately responded to a request for comment on the ruling.
