Today, Brian Day’s private, for-profit clinic Cambie Surgeries filed an injunction application to stop the province’s enforcement law against extra-billing, the Medicare Protection Amendment Act (Bill 92), from coming into force on October 1st, 2018.
You can read our press release HERE.
The trial will be in the courtroom for the last three days of this week, and will mostly be hearing various applications. There is still uncertainty about the schedule for the next couple of weeks, but we do know that Day will NOT be on the stand the week of June 4th as previously thought. There is no new dates set for when that might be.
A request was made, and granted, to adjourn the trial for the month of May (due to a personal issue). It is expected to start up again on Monday, May 28th, with Brian Day tentatively scheduled to be on the stand the week of June 4th. We will know more after the Judicial Management Conference this Friday.
On April 4, 2018 the BC Government announced that they were bringing into force the outstanding sections of the Medicare Protection Amendment Act (2003). As this legislation updated Sections 17 and 18 of the Medicare Protection Act, the Plaintiffs will have to update their Statement of Claim. This application will take place the week of May 28.
Also, because this legislation is strengthening the enforcement of doctors and clinics who are extra-billing unlawfully, the Plaintiffs have also indicated that they will be bringing forward an application to have the start date of the enforcement legislation be moved from its current start date on October 1, 2018 to sometime after this case has been finished.
Today was the official resumption of the Cambie Corp. vs BC Charter Challenge at B.C. Supreme Court. The day began with a Judicial Management Meeting to talk about trial administrative and scheduling issues. The primary discussion at this meeting was the announcement by the BC Government this past week about enacting enforcement legislation about extra-billing (see announcement here).Read more
At the courthouse this morning, as the Cambie Corp. trial resumes at BC Supreme Court. Click HERE to see Andy Longhurst, Research Associate of the BC Health Coalition, giving a overview of the trial and the consequences of a win for Day.
The trial will officially be resuming on Monday, April 9, 2018 at the BC Supreme Court (800 Smithe Street, Vancouver). At 10:00am, there will be a Judicial Management Meeting followed by the resumption of the trial. The first several weeks, however, will mostly be a continuation of the applications that the various parties have been bringing forward since the trial was halted in March 2017. There will only be a smattering of witnesses for the plaintiffs (Cambie) called during the first three weeks. The trial will continue on a schedule of three weeks on, one week off until the summer break in July, and again when it starts up in September. The trial is expected to continue until the end of 2018.
Today at the Judicial Management Conference, Judge Steeves stated his preference, that regardless of where the outstanding applications stand between the Plaintiffs and Defendants, he wants the trial to start on Monday, April 9th. All parties were in agreement that that would be the start date, and any outstanding issues would be dealt with as they move forward from there.Read more
April 16, 2018!
Apparently, the start date will be confirmed in mid-February, and the trial is expected to last for the remainder of the year.
We will keep you posted on any developments. And, in the meantime, here's hoping you all have a healthy and happy holiday season. We'll be in touch in the new year.
It has been awhile since there has been an update on the trial. That is because there has been no final date set, or rather the date keeps moving forward as the main parties in the case (Cambie and the B.C. Government) continue to argue various applications about court procedure and admissibility of witnesses, among other issues. The next suggested date for the trial to resume is January 22, 2018. We will keep you posted.