Douglas Beattie, et al. v. Women's College Hospital

(Ontario) (Civil) (By Leave)


Employment law - Unjust dismissal - Employment law — Unjust dismissal — Hospital Board closing urgent care centre in hospital and terminating privileges of two doctors who worked there — What are the common law rights and entitlements of a dependent contractor upon termination? — Is it fair or just to apply s. 44(5) of the Public Hospitals Act, R.S.O. 1990, c. P.40 to bar dependent physicians’ reasonable notice claims? — Should statutory provisions exclude newly bestowed common law rights where such rights were not considered in drafting?.


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The applicants are doctors who practiced for several years in the respondent hospital’s urgent care centre (“UCC”). Dr. Beattie had worked primarily in the UCC for about 21 years at the time of trial. Dr. Luczkiw had been practising at the UCC for 30 years when it was closed and the privileges of both doctors were terminated. The doctors brought an action for damages for wrongful dismissal against the hospital. Their action was dismissed and that decision was upheld on appeal.