More Court Action should be no surprise for BC Medical Association

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Vancouver BC - May 10, 2010 - Z. Essak, MD

On Friday April 30, 2010 Dr Caroline Wang filed a "Breach of Contract" claim against the BC Medical Association in BC Supreme Court.  This follows on the BC Court of Appeal decision of January 22, 2010 that set aside the November 2008 BCSC Judgment "without prejudice" and "without comment on the merits of the dispute", only suggesting that a different legal action should have been used.

Naturally one always hopes disputes can be resolved without resorting to the courts and the significant legal expense and time involved.

Unfortunately, despite the passage of more than two years the will and effort applied has not been sufficient to resolve the dispute between Dr Caroline Wang and other BCMA directors that occurred at the February 2008 Board meeting. 

Meanwhile, many of the individuals named in the legal actions remain on the Board and important committees.  Notwithstanding potential conflict of interest they continue as participants in the decision-making of the Association.

Here is a timeline of events over the past five years preceding and including the dispute and attached is the "Writ of Summons" and "Statement of Claim" filed in court by Dr Wang.

BC Supreme Court - Writ of Summons and Statement of Claim filed by Dr Wang

This "Breach of Contract" action is in addition to the defamation action previously filed in August 2009 and underway.

2010-04-30 BCSC Wang Statement Of Claim.pdf

The "Statement of Claim" begins on the fourth page and is a straight forward read.

The BCMA response is expected to follow.

Links to related posts:

BC Court of Appeal decision, Urgent need to revise BC Society Act.
The 2009 AGM.
Members petition for rapid, equitable resolution.
Board votes to appeal Judgment.
BCSC Judgment slams BCMA Board.
2008 April BC Supreme Court hearing.
Members write to BCMA President.
Board discussion of 2nd legal opinion.
The 2007 AGM.
What happened to the 2006 AGM motions?
Board rules 2006 AGM motions "out of order" then retracts ruling.