The Provincial Health Services Authority (“PHSA”) sought judicial review of the decision of the Hospital Appeal Board (“HAB”) dated August 20, 2020 that held that Dr. Andrew Campbell’s privileges had been constructively revoked by the failure of the British Columbia Children’s Hospital (“BCCH”) to allocate him cases, and that ordered that BCCH “restore meaningful access” to Dr. Campbell’s privileges by providing “fair and equitable case allocation”.

The Court held that the applicable standard of review was one of patent unreasonableness and found that there was nothing patently unreasonable about the HAB’s interpretation of Dr. Campbell’s privileges or its finding that the HAB had jurisdiction to grant a remedy regarding case allocation. The Court further found that there was nothing patently unreasonable about the way the HAB exercised its remedial discretion.

The Court dismissed the petition with costs.