The legal team hired to investigate an injunction against the closure of the Minden ER says there are no grounds for such an appeal and organizers have stopped collecting donations.
Jayson Schwarz of Schwarz Law Partners told The Highlander May 29 he’d been advised by litigator Mark Ross that no judge would grant an injunction or judicial review for two reasons.
“First, the hospital is not a standalone hospital. Minden Hills and Haliburton are one hospital together, with two separate campuses. In other words, it is like a business doing an internal consolidation and there is no legislation or case law that would support an injunction.
Secondly, he said with the decision, the Minden ER doctors have taken jobs elsewhere and it would be impossible to restaff for the summer.
Schwarz said that did not mean the ER could not be re-opened in September and there could be cause under the Canada Health Act.
“This means we are down, but not out. We certainly have nowhere to go for June 1, but we may have a case for relief to force the reopening for the fall,” he said.
As for money, he said they’d collected $85,000 and have kept record. He urged people to cancel e-transfers.
He added, “we now need to consider if we wish to push forward.” He reiterated they may be a case under the Canada Health Act; challenging HHHS; or they may have to simply refund the money.
“This is heart-breaking for all of us.”
See more in Thursday’s Highlander
