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Code of conduct

Audio podcast: How many lawsuits?
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Search BC Court Services OnlineTo 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.

BCMA Lawsuit in the News Again
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BCMA Lawsuit in the News AgainThe 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

Scales of justiceOn 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.

Urgent need to revise the BC Society Act highlighted by BC Court of Appeal decision
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Vancouver, B.C. February 7, 2010.

In what many will view as a technical legal ruling, the BC Court of Appeal decision (January 29, 2010) in Wang v. British Columbia Medical Association (2010 BCCA 43) highlights for the public and members of the BCMA that the BC Society Act is urgently in need of revision.

Fortunately, review of the BC Society Act is currently underway.  It was announced on December 17, 2009 and the BC Government is seeking feedback with a deadline of April 1, 2010.  Related BC Government documents state the BC Society Act has not been significantly revised since 1977 and "is outdated and in need of revision".  http://www.fin.gov.bc.ca/society_act_review.htm

BC Doctors requesting a Special General Meeting of the BCMA exceeds 90 percent
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Pie chart 95 percent Over nine hundred doctors throughout BC, more than 90 percent of the threshold required, have signed the petition requesting a Special General Meeting of the BCMA to review the BCMA Board conduct and decision to appeal the BC Supreme Court Judgment in Wang v. BC Medical Association (2008 BCSC 1559) and to establish an alternative process to ensure a rapid, equitable remedy ensuring the fair and ethical treatment of all members without incurring further unnecessary legal costs.

BC Supreme Court Judgment slams BCMA Board
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In a decision released November 17, 2008 the BC Supreme Court upheld a complaint by Dr. Caroline Wang, the former elected Honorary Secretary-Treasurer of the BCMA, and disbanded a "special committee" appointed by the BCMA Board in February to review Dr. Wang's conduct.

The Court noted that, “at no time has Dr. Wang or her legal counsel been notified of a complaint or an allegation that she violated any provision of the BCMA constitution, bylaws, Code of Conduct, or any common law duty of directors or officers.”

BCMA faces Judicial Review in BC Supreme Court
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Vancouver Law Courts

VANCOUVER, BC - On April 10 and 11, 2008 the BC Supreme Court heard the case between Dr. Caroline Wang and the BC Medical Association. On April 7, Dr. Wang filed a petition in the court for a judicial review and a court order to dissolve the conduct review committee of the BCMA citing that she has been denied natural justice. After hearing from both sides the judge has reserved decision until later.  (Addendum: The judge reserved her decision until after May 12, 2008 and delivered a written decision in November 2008.)

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