Union loses court case against local health integration network
Aug 26, 2008 - 10:30 PM
By Kristen Calis
AJAX -- The Central East Local Health Integration Network did not break its own rules when it failed to consult the public over moving mental health beds out of Ajax, three judges ruled Friday.
On July 11 the Ontario Public Services Employees Union (OPSEU) took the CE LHIN to court because the LHIN did not consult the public before approving the Rouge Valley Health System's plan to transfer the Ajax-Pickering hospital's 20 mental health in-patient beds to Centenary hospital in Scarborough. Now more than a month later, the panel of judges representing the Ontario Superior Court of Justice Divisional Court has ruled the CE LHIN acted within its guidelines.
"The application for judicial review is dismissed," the judges ruled.
OPSEU argued the plan was "health integration" negotiated by the LHIN, which requires it to consult the public and give notice for submissions. But the court disagreed, saying the plan by the hospital was internal, thus not subject to a LHIN integration decision.
"The LHIN did not require approval of the specific measures proposed by RVHS, as that was an internal hospital decision," the ruling said. "What (the) LHIN decided was to fund RVHS on the basis of its representations in the respect of fiscal improvements aimed at eliminating the budget deficit."
OPSEU president Warren Thomas said the ruling proves the legislation is flawed.
"Under the court's interpretation, there are very few instances where major changes to the regions' health care delivery will be subject to meaningful public consultation," he said in a press release.
But OPSEU will continue to pressure the LHINs to continue to do the "right thing," Mr. Thomas said.
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