687764 Alberta Ltd. v. Canada ( Minister of Health )
99-T-9
Sharlow J.
22/4/99
13 pp.
Application for order extending time for making application for judicial review-Applicant carrying on business of pharmacy, supplier of medical supplies, equipment-Wants right to bill government of Canada directly for medical products providing to individuals covered by Non-Insured Health Benefits (NIHB) Program administered by Medical Services Branch of Department of Health-Alleging that right obtained by becoming party to "Provider Agreement" with First Canadian Health Management Corporation Inc., responsible for certain aspects of administration of NIHB Program-On December 1, 1998 applicant entering into Provider Agreements with First Canadian-On December 9, 1998, First Canadian sent notice to applicant terminating both agreements for cause-Cause not stated-After crossexamination of representative of Department of Health on affidavits filed in support of Alberta Queen's Bench application for interim injunction to prohibit termination of agreements, applicant concluding decision to terminate made by official in that Department-If termination decision subject of judicial review, Federal Court Act, s. 18.1(2) required application for judicial review to be commenced within 30 days of that date-Application to extend time filed March 5, 1999-Application dismissed-Applicant not having reasonable prospect for success-Applicant complaining about failure to give notice of termination of Provider Agreements with result applicant having no opportunity to be heard before termination decision made-Termination clauses part of Provider Agreements-Applicant consented to termination clauses along with other terms-Termination clauses providing for three possible methods of termination, two of which expressly giving applicant right to advance notice, and third permitting termination without notice for cause-Thus applicant waived any right to advance notice of decision to terminate for cause-Any right to hearing prior to decision must have been waived also-Even if decision to terminate Provider Agreements somehow exercise of statutory authority or act of agent of Minister of Health, cannot be basis of successful application for judicial review based on absence of advance notice-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5).