Case information
Consult our database for details on a Supreme Court of Canada case.
38452
Douglas Beattie, et al. v. Women's College Hospital
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-05-15 | Close file on Leave | |
| 2019-05-15 | Certificate of taxation issued to, John J. Morris | |
| 2019-05-15 | Decision on the bill of costs, in the amount of $1,166.35, Reg | |
| 2019-05-15 | Submission of the bill of costs, Reg | |
| 2019-04-15 | Bill of costs, (Letter Form), Completed on: 2019-04-15 | Women's College Hospital |
| 2019-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-04-12 | Judgment on leave sent to the parties | |
| 2019-04-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65171, 2018 ONCA 872, dated October 31, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-03-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-02-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-14 | Douglas Beattie |
| 2019-02-04 | Certificate (on limitations to public access), (Letter Form) | Women's College Hospital |
| 2019-02-04 | Notice of name, (Letter Form) | Women's College Hospital |
| 2019-02-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-02-04 | Women's College Hospital |
| 2019-01-07 | Correspondence received from, (Letter Form), Return of the CA Order form; CA Order will be filed on January 18, 2019 | Douglas Beattie |
| 2018-12-28 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2018/12/28 | |
| 2018-12-21 | Certificate (on limitations to public access), (Letter Form), Form 23A | Douglas Beattie |
| 2018-12-21 | Application for leave to appeal, (Book Form), MISSING: Court of Appeal Order-rec'd 2019/01/11, Completed on: 2019-01-11 | Douglas Beattie |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Beattie, Douglas | Applicant | Active |
| Luczkiw, George | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Women's College Hospital | Respondent | Active |
Counsel
Party: Beattie, Douglas
Counsel
Kathryn Marshall
2 Bloor St. W.
Suite 1005
Toronto, Ontario
M4W 3E2
Telephone: (416) 601-2300
FAX: (416) 601-2288
Email: nmacdonald@macdonaldassociates.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Luczkiw, George
Counsel
2 Bloor St. W.
Suite 1005
Toronto, Ontario
M4W 3E2
Telephone: (416) 601-2300
FAX: (416) 601-2288
Email: nmacdonald@macdonaldassociates.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Women's College Hospital
Counsel
Bay Adelaide Ctr., East Twr.
22 Adelaide St. W.
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6241
FAX: (416) 361-7059
Email: jmorris@blg.com
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Summary
Keywords
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?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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.
Lower court rulings
Ontario Superior Court of Justice
CV-13-482347, 2018 ONSC 1852
Applicants’ action for damages for wrongful dismissal dismissed as statute-barred
Court of Appeal for Ontario
C65171, 2018 ONCA 872
Applicants’ appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available