Final arguments end in marathon B.C. private health-care trial

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B.C. Supreme Court Justice John Steeves could take months to decide whether to allow patients to pay for faster access to necessary medical care

This translation has been automatically generated and has not been verified for accuracy.A group of plaintiffs, led by orthopedic surgeon Brian Day, CEO of Cambie Surgeries – seen here at left performing a surgery on Sept. 30, 2010 – has argued that patients have a constitutional right to pay for swifter access when the waiting times in the public system are too long.

“I’m looking forward to completing my judgment and signing my name on it,” Justice Steeves told lawyers at the end of the trial on Friday. “Once I’ve done that, I’ll join the rest of the world in watching the progress of this case with great interest.A group of plaintiffs, led by orthopedic surgeon Brian Day, chief executive officer of the for-profit Cambie Surgeries Corp.

At the conclusion of final arguments this week, lawyers for the attorney-generals of B.C. and Canada argued that allowing a two-tier system would give physicians incentive to move to the private system from the public system. Such a migration would, in turn, worsen the standard of care in the public system and could lead to the ironic outcome of longer waiting times, they said.

On Friday, Robert Grant, a lawyer for the plaintiffs, criticized the defendants’ legal strategy, saying they came up with a list of “imagined, theoretical harms,” such as the threat of longer waiting times in the public system, to shift the onus on to the plaintiffs to disprove the allegations.

 

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