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BCMA-DoBC
Court Reserves Judgment in Wang v. BC Medical Association and Individuals
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Vancouver, BC - June 4, 2012 - Z. Essak
Four years after the controversy arose from the BC Medical Association Board meeting of February 2008 and communications of the BCMA President alleged to be defamatory the matter was heard at Trial in the BC Supreme Court in Vancouver.
The Trial began on January 23, 2012 and though originally scheduled for twenty days was extended for an additional week with a total of twenty-four days of hearings. The Trial hearings ended on February 24, 2012 and the Court reserved Judgment. The Court decision may be released anytime in the next several months.
The Court is to consider not only whether the actions were defamatory but also if there was malice and breach of contract.
Trial begins in Wang v BC Medical Association and named individuals
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Vancouver BC - January 29, 2012.
Z. Essak, MD
Almost four years after a dispute erupted between Dr Caroline Wang and other directors of the BC Medical Association at the Board meeting of February 1 and 2, 2008 the matter is now being heard at Trial in the BC Supreme Court.
The Trial, which is a civil matter not a criminal one, began on Monday January 23, 2012. It is scheduled to proceed for twenty days until February 17, 2012. The location is room 43 of the BC Supreme Court, 800 Smithe Street, Vancouver, BC. The Honourable Mr. Justice Grauer presiding.
Now the Trial has begun it is a time to see and learn. How will the Court resolve this matter involving legal expenses likely to exceed $2 million? Will the outcome of the Trial affect the workings of the BC Medical Association? Will it more broadly affect the workings of other Societies incorporated in BC?
Everyone is talking about the BCMA, audio podcasts
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A series of audio podcasts have been posted on the website.
Everyone is talking about the BCMA
Is the 2011 BCMA election valid?
Audio podcast: How many lawsuits?
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To listen to this audio podcast if you see the “Read more” link click on it and then click on the play icon. You may have to click the play icon a second time.
Audio podcast: Who's in control?
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To listen to this audio podcast if you see the “Read more” link click on it and then click on the play icon. You may have to click the play icon a second time.
Audio podcast: Is the 2011 BCMA Election valid?
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To listen to this audio podcast if you see the “Read more” link click on it and then click on the play icon. You may have to click the play icon a second time.’
Audio podcast: Following the rules?
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To listen to this audio podcast if you see the “Read more” link click on it and then click on the play icon. You may have to click the play icon a second time.
BCMA Lawsuit in the News Again
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The BC Medical Association lawsuit with former director and member of the Executive Dr Caroline Wang is back in the news again.
Dr Wang's lawsuit for libel and breach of contract will not be heard in court until January 2012.
Meanwhile, the lawyer for the BCMA and defendants has filed an application in the Supreme Court of BC seeking an order that Caroline Wang post a security for court costs of $115,752.80 based on estimates of future court costs and the presumption they will win.
The application acknowledges court costs to date are only $34,860.19. These court costs are in addition to the legal costs incurred by each party.
The BCMA application also states, "this is an extraordinary ... case for the court to exercise its discretion" and "Wang's only significant eligible asset in BC appears to be a joint interest in a home in which ... she currently resides", suggesting she be required to further mortgage her home.
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 Court of Appeal decision puts February 2008 BCMA dispute back to square one
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Vancouver, B.C. February 7, 2010
The BC Court of Appeal decision in Wang v. British Columbia Medical Association (2010 BCCA 43) was delivered on January 29, 2010, marking almost two years from the February 1-2, 2008 BCMA Board meeting where a dispute arose that was not resolved and resulted in recourse to the courts.
The Court of Appeal decision does not provide an answer to how the dispute can be resolved while it sets aside the Judgment of the BC Supreme Court with Justice Madame Ballance presiding (2008 BCSC 1559) and "make(s) no comment on the merits of the dispute", essentially reverting the dispute back to square one leaving it up to the parties involved and the BCMA membership to determine what further actions are required.
