Latest news with #VitalitéHealthNetwork
CBC
12-06-2025
- Business
- CBC
Judge rejects auditor general's bid to access Vitalité's internal audits on travel nurses
A New Brunswick judge has rejected the auditor general's bid to access Vitalité Health Network's internal audits of its controversial travel-nurse contracts. Auditor General Paul Martin sought a court order to compel the regional health authority to disclose the documents as part of his investigation into the management and use of private agency nurses by Vitalité, Horizon and the Department of Social Development between Jan. 1, 2022, and Feb. 29, 2024. But Court of King's Bench Chief Justice Tracey DeWare dismissed his application, saying she's not satisfied the Auditor General Act provides an explicit waiver of Vitalité's claims of litigation privilege or solicitor-client privilege. These privileges are "foundational to our legal system," DeWare wrote in her decision, dated June 2. "The Court can only endorse a legislative interpretation which abrogates these privileges in circumstances where the intention of the Legislature can be clearly discerned to have contemplated the scope of such an exceptional authority." Vitalité is entitled to costs of $2,000, she ruled. CBC News requested an interview with Martin, including whether he intends to appeal. In response, his office sent an emailed statement, saying he received notice of the dismissal last week and is "currently assessing the next steps." Vitalité did not immediately respond to a request for comment. In a scathing report last June, Martin concluded Vitalité spent $123 million in travel-nurse contracts dating back to 2022, when the regional health authority signed its first deal with Canadian Health Labs. The Ontario-based agency charged about $300 an hour per nurse — roughly six times what a local staff nurse earns. "The contracts with private nursing agencies were not reflective of best practices and did not demonstrate value for money," Martin said at the time. As part of that audit, launched in March 2024, Martin requested "various information and documents" from Vitalité, including internal audit reports on the use of agency nurses. Internal audits were to probe 'irregularities' Vitalité refused to provide the internal audit reports. It had commissioned the audits after it "noticed irregularities in some of the services rendered by the agency nurses which were not in conformity with the terms set out in the governing contracts," according to DeWare's decision. No details are provided, but "in order to investigate potential deficiencies in the services rendered by the nursing agencies, [Vitalité] commissioned an internal audit of the performance of one of the contracts spanning the period between August 2022 and June 2023." Vitalité alleges these audits "confirmed the existence of deficiencies in the performance of the agency nurses' contract with one of the agencies — Canadian Health Labs," DeWare wrote. The company has since launched three lawsuits against Vitalité for allegedly breaching three of its contracts — two expired and one still in force. It's seeking compensation, including punitive, aggravated and special damages. Vitalité has filed statements of defence, as well as counterclaims in all three cases. Martin argued act covers privileged information Martin applied to the court for an injunction on Oct. 9. "Under the Auditor General Act, I have rights of access to any information relating to the performance of my duties," he wrote in a sworn affidavit. This includes privileged information, he argued. Section 13 (a) of the act says the auditor general is entitled to "free access at all convenient times to information, including files, documents, records, agreements and contracts, despite that they may be confidential or private, that relates to the fulfilment of his or her responsibilities." According to Martin, changes the legislature made to that section in 2014, including the auditor general's ability to obtain "private and confidential" information, were specifically made to address this type of situation, DeWare wrote. Discussions surrounding the amendments demonstrate there was a clear desire to enhance the auditor general's authority to obtain necessary information, Martin argued. Vitalité says disclosure would prejudice litigation Vitalité countered that disclosure of the internal audit reports "would prejudice its ability to prosecute" the action against Canadian Health Labs, according to Deware, and that Section 13 (a) of the act "does not explicitly displace or supersede otherwise valid claims of litigation or solicitor-client privilege." If the New Brunswick Legislature had intended for the section to override litigation or solicitor-client privilege, it would have explicitly stated so in the statute, as it does in the Ombudsman Act, Vitalité argued. DeWare noted the Ontario Court of Appeal recently upheld a trial court decision that the Auditor General Act of that province, which, similar to New Brunswick's, does not contain a specific waiver of a valid privilege, "did not authorize access nor compel disclosure of privileged information." The Supreme Court of Canada also considered a similar issue when interpreting a section of Alberta's Freedom of Information and Protection of Privacy Act in 2016, said DeWare. The country's highest court ruled legislative language must be interpreted restrictively when determining if solicitor-client privilege may be set aside. Act not explicit, judge rules "While I appreciate the [auditor general's] argument, the addition of the words 'confidential and private' to section 13 indicates an expanded scope to the information which could be sought, it falls short of explicitly stating an intention to have access to 'privileged' documents," DeWare said. She pointed out that with the 2014 amendments, the legislature didn't adopt the "explicit" language of Nova Scotia's Auditor General Act — "solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity." "The language of the Nova Scotia statute could not be any clearer." Section 13 (a) of the New Brunswick act "does not grant the Auditor General the authority to require production of documents or information which are properly subject to a solicitor-client or litigation privilege," DeWare ruled.
CTV News
11-06-2025
- Business
- CTV News
Judge denies N.B. auditor general's request to view internal audit reports on travel nurses
A Court of King's Bench justice has denied the New Brunswick auditor general's request to view Vitalité Health Network's internal audit reports on the agency's travel nurse contracts that began in 2022. According to a written decision from Chief Justice Tracey DeWare, the auditor general sought to compel Vitalité to disclose the reports as part of its investigation into the management and use of travel nurses. The decision says Vitalité ordered an internal audit for the period spanning August 2022 to June 2023. 'The Respondent (Vitalité) asserts these internal audits confirmed the existence of deficiencies in the performance of the agency nurses' contract with one of the agencies – Canadian Health Labs ('CHL'),' the decision reads. 'The Respondent and CHL are now involved in litigation arising from this contract. 'The Respondent has refused to produce the internal audit reports on the basis they were properly subject to both a litigation and solicitor-client privilege.' Last year, the auditor general's audit found Vitalité, Horizon Health Network and the Department of Social Development spent $173 million on travel nurse contracts between Jan. 1, 2022 and Feb. 29, 2024. 'The purpose of the audit was to determine if government contracts with private nursing agencies represented good value relative to their costs,' the written decision reads. 'As part of the audit process, the Applicant (auditor general) requested from the Respondent various information and documents. The Applicant was particularly interested in governance practices, policies and billings to the agencies.' Chief Justice DeWare said the auditor general argued section 13 of the Auditor General Act allows them to access documents and information that would otherwise be private or confidential. Vitalité argued the disclosure of the internal audit reports would 'prejudice its ability to prosecute the action against CHL.' Chief Justice DeWare said the court must interpret section 13 of the act restrictively, noting that it does not refer to privileged information. 'While I appreciate the Applicant's argument, the addition of the words 'confidential and private' to section 13 indicates an expanded scope to the information which could be sought, it falls short of explicitly stating an intention to have access to 'privileged' documents,' the decision reads. 'Solicitor-client privilege and litigation privilege are foundational to our legal system. 'Section 13(a) of the Act does not grant the Auditor General the authority to require production of documents or information which are properly subject to a solicitor-client or litigation privilege.' Chief Justice DeWare dismissed the auditor general's application and said Vitalité is entitled to costs, which are fixed at $2,000. For more New Brunswick news, visit our dedicated provincial page.
CBC
15-05-2025
- Health
- CBC
Travel nurse company launches 2 more lawsuits against Vitalité
A travel nurse company has launched two more lawsuits against Vitalité Health Network for allegedly breaching the terms of two contracts that expired last year. Canadian Health Labs filed notices of action with the Court of King's Bench in Saint John Wednesday over the contracts, which were both signed in 2022 and expired in June and September 2024, respectively, according to the documents. The Ontario-based company alleges, among other things, that Vitalité deployed fewer "human health resource professionals" than stipulated in the contracts, failed to pay invoices, and terminated a renewal "unilaterally and improperly." It contends it has suffered losses as a result of the health authority's actions and is seeking compensation, including punitive, aggravated and special damages, as well as costs and pre-judgment interest at a rate of seven per cent. Canadian Health Labs previously filed a lawsuit against Vitalité for allegedly breaching another contract that was slated to continue until Feb. 5, 2026, after the health authority cancelled the remaining shifts of its travel nurses in January. Bill is 'as tight as we can make it,' minister says The two new legal actions came to light Tuesday night when Health Minister Dr. John Dornan appeared before the legislature's standing committee on economic policy to discuss a number of proposed amendments to a bill designed to get the government out of that costly contract without facing any legal or financial penalties. Green Party Leader David Coon questioned how the bill, entitled An Act Respecting Travel Nurses, got tabled in its original form "without the experts in contract law catching the problems" that prompted the numerous amendments, echoing earlier musings by Tammy Scott-Wallace, the Tory MLA for Sussex-Three Rivers, about whether the original was "scribbled on the back of the napkin." Dornan told Coon that when the government first presented the bill, its "primary purpose, with advice from the [Office of the Attorney General], was to protect ourselves from the third contract, which was still in force." Since then, "actions have arisen that included the expired contracts," he said. Vitalité's lawyers had also raised concerns about the expired contracts not being included, Dornan said. So the government decided it would be "prudent, and perhaps safer, to nullify all three contracts," which covered from July 2022 to February 2026 and totalled $98 million, according to Auditor General Paul Martin. The company charged about $300 an hour per nurse — roughly six times what a local staff nurse earns. "The contracts with private nursing agencies were not reflective of best practices and did not demonstrate value for money," Martin has said. The bill passed second reading and will readily become law, given the Liberals' majority, but whether it will protect the government and Vitalité from being sued by Canadian Health Labs remains unclear. "It's as tight as we can make it," Dornan said in response to questions from Scott-Wallace. "It does not absolutely preclude these current actions or subsequent actions, but it does afford us a better protection than the original bill, and we feel that the actions commenced are less likely to be successful with these amendments," Dornan said. Company lawyer slams bill In response to the amended bill, Canadian Health Labs' lawyer Matthew Hayes fired off a letter to Justice Minister Rob McKee Wednesday, urging the province to reconsider. "We assert that the Legislature's actions to deny Canadian Health Labs its contractual rights, while actively resisting transparency, represent an unprecedented and troubling misuse of legislative authority," he wrote in the letter obtained by CBC News, which was copied to Dornan, Premier Susan Holt, Coon and interim Opposition Leader Glen Savoie. Hayes described the amended bill as a "deliberate act of legislative bad faith." "As acknowledged by the Dr. Dornan, Minister of Health, Canadian Health Labs played a critical role in responding during a time of urgent crisis, saving lives in New Brunswick. However, once the contract was deemed no longer advantageous, the government appears to have taken steps to deprive Canadian Health Labs of the negotiated benefits," he wrote. "The Minister of Health has also admitted that Vitalité Health Network continues to employ nurses from other agencies, raising questions about the fairness and intent of these actions." In addition, Vitalité chose not to terminate its agreement with Canadian Health Labs, "seemingly to enable the government to attempt to legislate this commercial agreement out of existence," demonstrating a "lack of honesty, transparency and accountability," Hayes alleged. None of the allegations in the statements of claim have been proven in court.
CBC
09-05-2025
- Health
- CBC
Nurses to be moved into new roles to address staffing gaps, province says
Opposition says nurses from public health, mental health and elsewhere have raised concerns Some nurses will be asked to move into different parts of the health system, according to the premier, in a bid to address issues with hospital waits and primary care access. Premier Susan Holt said the regional health authorities have made similar shifts before — notably, during the COVID-19 pandemic. This time, she said, it's being done to address long-standing issues, noting 12-hour waits in emergency rooms as an example. "We need different results in health. New Brunswickers are demanding that they get timely access to care, that they get the primary care that they need," Holt said. "Doing things the way we've always done them is not going to get better results for New Brunswickers." Holt did not have full details on the number of people who would be affected by the change, or the specialty areas that might see fewer staff, but said she's aware of discussions with public health nurses and at the Saint John Regional Hospital. Vitalité Health Network did not respond to a request for further details on Friday. Horizon Health Network president and CEO Margaret Melanson sent a statement that didn't confirm a redeployment of resources and did not say which staff members would be affected. "We are committed to continuous improvement and ongoing organizational transformation, ensuring the right provider is in the right place at the right time to provide the best access and care experience possible," the statement said. "Any time Horizon considers changes to roles or team composition, we make every effort to match opportunities with [an] individual's skills and scope of practice and ensure education and training required to succeed in those roles is provided. We are also respectful of collective agreements throughout these processes." But Official Opposition Leader Glen Savoie said he's heard from nurses in several parts of the system who have been told they will have to work in a different area. "I would argue that there are a lot of registered nurses in public health, community health, mental health, who are all being impacted. Extramural, all of these different facets," Savoie said. "We don't have large-scale numbers yet, but we're continuing to investigate to try and understand the scope of it." Savoie said the government is failing to communicate with workers in the system before making changes. He said the same thing is happening with education staff. "They should have talked with registered nurses, they should have talked with the people who are doing the jobs, and say, 'How do we get to a plan where we can make these changes?' They're not doing that," he said. "Same thing with teachers. They're making cuts that are impacting the classroom and they won't admit it. They're making cuts here that are impacting health care and they won't admit it." Savoie said he's heard from nurses who say they were told they would be laid off if they don't move into a new role. But Health Minister John Dornan said no one would be laid off as a result of what he called a "redeployment" of resources. "Health care does often involve a redeployment," Dornan said in question period Friday. "One of the things that we are quite proud of is that we are not laying our nurses off. We always have a role for them in different areas of our hospital." New Brunswick Nurses Union president Paula Doucet was not available for an interview on Friday. In a statement, spokesperson Alix Saulnier said the union would wait for more information before commenting. "We have not been officially notified of any workforce adjustments," Saulnier wrote. "When workforce adjustments are made, there is a process to be followed."
Yahoo
26-03-2025
- Entertainment
- Yahoo
Married 41 years and racked with pain, N.B. couple said goodbye together using MAID
Around 10:45 on the morning of Feb. 25, Lee Goguen asked her father if he had any last requests. The death that was coming to 70-year-old Gerald Goguen was the death he had chosen weeks in advance and his wife of 41 years had chosen to go with him. Diagnosed with prostate cancer in 2008, Gerald's health had started to deteriorate sharply in the months leading up to Christmas. Coby Goguen, 62, also had cancer that had spread and eaten into her bones. Both were racked with pain and wanted out. Lee said she wanted to see her parents relieved of their suffering and was grateful they had the option to end their lives on their own terms. Coby and Gerald were married 41 years. Their daughter chose this photo for their obituary notice. (Submitted by Lee Goguen) "I got a lot of closure from it," Lee said. "It gave me the encouragement to say the things that might have gone unsaid." Medical assistance in dying now accounts for about one in 20 deaths in Canada, and demand in New Brunswick has been climbing year over year. Lee said she wasn't so sure about MAID when the procedure became legal in 2016, but her parents helped change her mind. In their final days in hospital, Lee asked their permission to speak publicly about it. With minutes to go before a sedative would put them to sleep and a second medication would induce a coma, Gerald asked to hear I Love You by the Climax Blues Band, a tune that was played on his wedding day. The vinyl record was back on the shelf in the Goguens' home on Saint John's east side, but Lee had downloaded it to her phone and she played it for them. "My mom said, 'I haven't heard that in forever,'" Lee said. It had been a hit in 1981, before Gerald married the most beautiful woman he said he'd ever seen. Lee is convinced that's still how Gerald saw Coby as he gazed at his wife lying next to him in her hospital bed. WATCH | 'I have never experienced a death where I have had this much closure': "Mom just leaned back and listened to the music," Lee said. "And Dad, he didn't stop looking at her. He was just so in love." New Brunswick's two health networks have reported a slow but steady increase in MAID applications over the past five years. The Vitalité Health Network says requests for MAID more than doubled, from 105 requests in 2020 to 216 in 2024. The Horizon Health Network saw a sharper increase, from 103 requests in 2020 to 470 requests in 2024. "It's just been a continual increase in demand," said Horizon's palliative care physician Dr. Julia Wildish. "I think initially everyone was a bit leery of the idea. It was sort of a new concept to people and kind of creepy maybe. But I think over time, people are more familiar with it. They know someone who's had it. They've had time to wrap their heads around the whole idea, and it's just not as scary." Lee says knowing the date of her parents' death gave her the courage to say all the things she wanted to say to them before they died. (Submitted by Lee Goguen) While Lee was one of the early skeptics, her mother was not, having watched her own father suffer for about a decade with an illness that left him unable to recognize his family. "Mom always told us, if I ever get like that, pull the plug," Lee said. "Because back then, there was no option for medical assistance in dying." Lee said her parents were thoroughly assessed as candidates for MAID before they got approval. Canadian law requires two independent medical practitioners — they can be physicians or nurse practitioners — to assess patients over a minimum period of 90 days if that patient does not have a reasonably foreseeable natural death. For a patient whose death is reasonably foreseeable, there is no assessment period or waiting period, Wildish said. Lee says her mother, Coby, was 'death positive' and chose MAID partly because she had seen her own father suffer for years with his own illness. (Submitted by Lee Goguen) "You have to be in an advanced state of functional decline, and you have to have intolerable suffering that can't be relieved by any means acceptable to the patient," Wildish said. Since 2021, the law in Canada has allowed for two tracks of MAID patients. Track one patients have a reasonably foreseeable natural death. Often this means the health-care providers consider death to be imminent. These patients can waive final consent, which means MAID can proceed on or before their chosen date, even if they do not have the capacity to consent at the time of the MAID procedure. Track two patients include people who suffer intolerably but whose death is not reasonably foreseeable. They can access MAID, but they cannot waive their final consent. Canadian law will also allow patients to receive MAID if their sole underlying medical condition is a mental illness. That eligibility goes into effect March 17, 2027. Lee, left, says her father, Gerald, had been suffering from complications of prostate cancer and her mother had been diagnosed with terminal cancer. The health of both her parents deteriorated in the hospital after Christmas 2024. (Submitted by Lee Goguen) Chantale Arseneault, a regional MAID co-ordinator for Horizon, said helping families with MAID is the most rewarding job of her nursing career, and she wouldn't trade it for the world. "Most people will say, 'Oh, my goodness, how can you do this type of work?' Arseneault said. "And I challenge that, because most of our patients are extremely grateful to not only tell us their story, but they become vulnerable with us and we make connections, deep connections." Part of her role is helping patients plan their last living day. "I ask, what does a good death mean to you … what does it look like? Who is there?'" Lee said hospital staff made it possible for her parents to be in hospital beds side by side, and when they died together, it was merciful and peaceful. "I have never experienced a death where I have had this much closure," she said. "Mom and Dad were holding hands and looking at each other. The entire time the procedure was happening, they were holding hands."
