The hospital complied with its by-laws and met its obligation to provide a safe environment: court
The Ontario Superior Court of Justice upheld a hospital’s decision to suspend and revoke a physician’s privileges for refusing to comply with its mandatory COVID-19 vaccination policy.
The appellant, a long-time physician at a regional hospital, declined to comply with a policy requiring all staff to be fully vaccinated against COVID-19 unless exempt. The policy, developed in response to provincial directives, was aimed at protecting patients and healthcare workers during the pandemic. The physician argued that the vaccine was ineffective in preventing transmission and cited personal concerns about its risks.
After a compliance deadline passed, the hospital suspended the physician’s privileges in November 2021. The Medical Advisory Committee (MAC) later recommended revoking the physician’s appointment unless the physician provided proof of vaccination. The hospital’s board of directors confirmed this recommendation in April 2022.
The physician appealed the decision to the Health Professionals Appeal and Review Board (HPARB), which conducted a de novo hearing. Evidence included expert testimonies in infectious diseases and public health and thousands of supporting documents. HPARB found that the vaccination policy was reasonable and consistent with public health guidance, which widely supported vaccination for healthcare workers to prevent COVID-19 transmission.
HPARB rejected the argument that evidence arising after the policy’s implementation—such as the physician’s recovery from COVID-19—was relevant. It assessed the reasonableness of the hospital’s actions based on the information available when it enacted the policy. The Superior Court upheld HPARB’s findings and agreed that the policy complied with the hospital's by-laws and fulfilled its obligation to provide a safe environment. The court also dismissed claims of procedural unfairness and bias against the hospital’s board, noting that HPARB’s independent review addressed any concerns about the process.
The Superior Court ruled that the hospital relied reasonably on public health directives during a global pandemic and was not required to conduct individualized risk assessments for unvaccinated staff. It concluded that the physician’s refusal to comply with the policy justified the suspension and subsequent revocation of privileges.
