Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 6 7 A New Brunswick lawyer and his clients are challenging the legal foundation on which doctors in Canada contend they are covered for malpractice. According to Pete Mockler, the Canadian Medical Protective Association is not an insurer by its own admission. That admission has now been reaffirmed by the Court of Queen's Bench of New Brunswick. "The court is saying that there is no legal obligation on the CMPA to pay. With an insurance company, there is an obligation to pay," says Mockler, who is based in Fredericton. Shannon v. Canadian Medical Pro- tective Association revolves around Shirley Shannon and her husband Michael, who sued the CMPA follow- ing its refusal to honour a judgment that found Shannon had been sexually abused by her psychiatrist. The psy- chiatrist had paid fees to the CMPA, a "mutual defence association" as it describes itself. Now Shannon is suing the New Brunswick Medical Society, the province's College of Physicians and Surgeons, and its hospital corpora- tions, claiming a doctor's CMPA mem- bership does not constitute adequate liability insurance as required by all provincial governments across the country. In her 52-page decision, Justice Tracey DeWare found the CMPA is not an insurance company and can- not be compelled to pay the more than $550,000 a court previously deter- mined was owed to Shannon for dam- ages. Mockler says he believes the deci- sion raises an important public policy issue because the provincial government pays for and requires physicians to carry liability insurance, but the New Bruns- wick court has now found the CMPA is not an insurer and its assistance is dis- cretionary. "They say they are a pater- nal organization and doctors join as a member," says Mockler. DeWare offered some support for Mockler's position. She noted that there is significant misunderstanding among New Brunswick doctors and the government about the CMPA's role and that it may be the law requir- ing insurance coverage is not being adhered to. "It is certainly true that there does appear to be on its face to be a disconnect between the licens- ing requirements under the Medical Act and the coverage provided by the CMPA," DeWare wrote. The CMPA dismisses the public policy argument. "The objectives of the CMPA do not include any notion of protection of the public or obligations to society as a whole," says Murphy. Other jurisdictions are now look- ing very closely at what is happening in New Brunswick. "We are review- ing and considering the public policy implications of that decision to ensure the public continues to be protected and the goal of ensuring adequate lia- bility coverage is being met as required by our Medical Practitioners Regula- tions," says Tony Kiritsis, spokesman for the Nova Scotia Department of Health and Wellness in Halifax. — DONALEE MOULTON donalee@quantumcommunications.ca REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ W E S T Lawsuit challenges association's ability to 'insure' doctors D alhousie University wants to give lawyers a helping hand to run their legal businesses. The university has launched a new four-day initiative, the Law Practice Management Program, to "equip lawyers and managers in the legal profession with the knowledge, skills, and competencies necessary to effectively and strategically manage a practice," according to the description of the new course. The university acknowledges the myriad skills required to run a successful law practice — everything from marketing to human resources to finances — may "not necessarily [have been] part of your legal education." The program is intended to fill in some of those gaps. In keeping with the intent of the pro- gram, courses — including "client care," law offices: beyond partnerships," and "sales and marketing for law offices" — will be taught primarily by faculty from the Rowe School of Business. — DM LEARNING ABOUT THE BUSINESS OF LAW

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