TevlinGleadle Employment Law Strategies has launched a class action suit on behalf of all B.C. doctors who have chosen not to be members of the British Columbia Medical Association, but who must obtain their benefits from the organization. The action is intended to be on behalf of the estimated 1,000 doctors who are not members of the BCMA but who provide services under the BC Medical Plan.
The benefits for all BC doctors are established in order to attract and retain excellent doctors for the greater good of British Columbians in need of health care. The benefits are intended by the BC Government to fund continuing education and family security for B.C. doctors, and not to enrich the BCMA.
In the important employment law matter, we claim the BCMA has for years charged unreasonable and excessive fees to non-members,often in excess of 50% of the value of the benefits.
The class action suit claims that the BCMA is in a position of trust in respect of the non‐members, and taking excessive fees is an unjust enrichment for which they must account directly to the non-member doctors.
Because they are not delivering the value of the benefit promised, TevlinGleadle will argue that taking the money by the BCMA is against good public policy, and contrary to the Canadian Charter of Rights and Freedoms since the overcharging of fees is motivated (at least in part) by a desire to cause physicians to join the Association.
The plaintiff intends to seek an order from the BC Supreme Court certifying the matter as a class action.
Interested persons can view the:
- filed Notice of Civil Claim by which the action was commenced; and
- the News Release announcing commencement of the action.