Fraser Health argues B.C. Supreme Court doesn't have jurisdiction to hear whistleblower lawsuit

The Fraser Health Authority has responded to a whistle-blowing lawsuit filed by an emergency physician in June — arguing the court doesn't have jurisdiction to hear the case. 

Dr. Kaitlin Stockton filed a notice of civil claim against the health authority in B.C. Supreme Court, alleging physicians are witnessing rapidly deteriorating conditions in two hospitals, and claiming her job was threatened after she sought to warn patients that the situation in the emergency room had grown potentially dangerous. 

The lawsuit also alleged the health authority has failed to respond to physicians' calls for help amid violent attacks, and sought to silence staff who spoke up about worsening conditions.

She claims a rapid decline in two Fraser Health hospitals has led to "increasingly unsafe and substandard patient care."

In a one-page jurisdictional response filed in court on July 7 and viewed by CBC News, the Fraser Health Authority disputes that the court has jurisdiction over the defendant and "submits that this court ought not to exercise its jurisdiction over the defendant."

Fraser Health said in a written statement it doesn't comment on matters that are before the courts.

Kathryn Marshall, a lawyer representing Stockton, said if not heard in court, the case would be dealt with in private arbitration.

"The issues being raised are issues that need to be tried in open court — they shouldn't be relegated behind closed doors in a private session. These are issues of public importance, and there needs to be a full finding of fact by a judge," said Marshall.

"So we disagree with the Fraser Health Authority's position that the courts don't have jurisdiction over this case. We believe they do and that, in fact, the courts need to hear this case."

Marashall said the health authority will need to present an argument in court to convince a judge it does not have jurisdiction.

'Another attempt to hide the truth'

Stockton said she is hoping to see the case tried in court so that the public can get a glimpse of conditions faced by hospital staff and patients.

"The essence of what I'm trying to do is advocate for transparency and truth and pull back the curtain on health care," she said.

"I'm concerned that this is another attempt to hide the truth and to hide what's going on in our publicly funded health-care system from patients and from taxpayers who really do deserve to know the truth."

Stockton is seeking $500,000 for wrongful dismissal and damages for what she claims is "high-handed, arrogant and contemptuous" behaviour.

On Nov. 18, 2024, Stockton and other emergency physicians working at Eagle Ridge Hospital in Port Moody posted a sign in the emergency room calling wait times "unacceptable."

Stockton's suit claims Fraser Health staff obtained CCTV footage of her posting the sign, and that Eagle Ridge Hospital's medical director later threatened to revoke her hospital privileges and file a complaint against her if she did not write an apology admitting to wrongdoing.

The lawsuit alleges Stockton was fired through "constructive dismissal" — when the actions of an employer force an employee to resign.

The lawsuit says working conditions in the two hospitals are "unpleasant, undignified, and extremely unsafe" for patients.