LOLG Challenges Recently Disclosed PSA In Superior Court On Behalf Of Ontario Doctors, Forces Binding Members Vote
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On July 11, 2016, the Ontario Medical Association ("OMA") announced not only that it had secretly resumed negotiations with the Ontario government but also that it had concluded a four-year Physician Services Agreement ("PSA"), including a Physician Services Budget limiting the funds that would be made available for patient care by physicians. The PSA, released to OMA members that same day, provoked an outpouring of concern from a broad cross-section of Ontario physicians, including a coalition calling itself the Coalition of Ontario Doctors ( see http://votenopsa.com/ ). Lax O’Sullivan Lisus Gottlieb LLP was retained by some of the concerned doctors to commence legal proceedings, including an injunction motion seeking to prevent the OMA proceeding, through a non-binding process that the applicants alleged was procedurally unfair, to seek ratification of the PSA. As a result of a petition launched by the coalition of physicians, and shortly following the commencement of the injunction proceedings, the OMA agreed to abandon its proposed process and to hold a general meeting in accordance with its corporate by-laws. Ongoing litigation related to the conduct of the proposed general meeting remains before the Ontario Superior Court. The LOLG team is led by Jonathan Lisus and Eric Hoaken, and includes Andrew Winton and Paul Fruitman.