Judicial Review Decisions

  • Colin A. Samson v. The Sisters of Charity of the Immaculate Conception and St. Vincent’s Hospital

    Date:
    February 6, 1984
    File Numbers:
    Cite: [1984] B.C.J. No. 2857 Vancouver Registry No. A833261

    Summary

    A doctor filed an application to quash the decision of the Appeal Board which dismissed his appeal of the hospital’s refusal to renew his admitting privileges.  The petition was based on the grounds that the Appeal Board’s decision was a nullity because of the failure of the hospital to comply with specific procedures and time limits set out in the hospital by-laws and regulations or in the alternative, that the Appeal Board breached the rules of natural justice in reaching its decision.

    The Court held that the defects in the procedure before the hospital were not such as to render then a nullity and were cured by the de novo proceedings before the Appeal Board which were properly conducted.  The petition was dismissed with costs.