Judge refuses to review firing of cardiac surgeon
Dr. Edgar Chedrawy was head of cardiac surgery at health authority until last year
A Nova Scotia judge has refused to intervene in the case of a surgeon who was dismissed from his position as head of cardiac surgery by the Nova Scotia Health Authority.
In a decision released Tuesday, Nova Scotia Supreme Court Justice Josh Arnold ruled that Dr. Edgar Chedrawy's complaint against the health authority should be dealt with as a matter of contract law, and not subject to judicial review.
Chedrawy was fired from his position in February of last year and given $100,000 in lieu of notice. He remained a cardiac surgeon.
He protested the termination and argued it failed to meet the standards of procedural fairness he was entitled to.
In asking for a judicial review, Chedrawy said he was given no explanation for his dismissal and had been trying to deal with a toxic work environment.
In his decision, Justice Arnold ruled that the Nova Scotia Health Authority's decision to terminate Chedrawy was derived from a contractual arrangement and was a matter of internal management.
"Since this is a private contractual dispute, public law remedies are not suitable in the circumstances," Justice Arnold wrote.
"As has been noted earlier, there is no reinstatement remedy available through judicial review. I agree that this is in substance a contractual dispute."
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