Doctors challenge province on fee cuts

Upset over pay cuts imposed on them twice this year, Ontario’s doctors have launched a charter challenge against the province.

A notice of application was filed with the Superior Court of Justice on Thursday by the 28,000-member Ontario Medical Association, seeking a binding way of settling the dispute over fees.

“Today’s action is a way to find an immediate solution that protects patient-focused care,” association president Mike Toth said in a statement, calling on the provincial government to “work collaboratively.”

Health Minister Eric Hoskins blamed the association for walking away from a conciliation report by former chief justice Warren Winkler, leaving the government “no option” but to limit increases in payouts to doctors to 1.25 per cent annually for three years.

“I am disappointed that the OMA has chosen not to continue our discussions,” Hoskins said in a statement, referring to recent meetings with association officials. “Instead, the OMA seems to want to litigate.” The OMA has complained of a “very significant power imbalance” since the government cut fees for all doctors by 2.65 per cent in February and 1.3 per cent in October.

With other cuts targeting some specialists, the association says the total cuts amount to 6.9 per cent.

Hoskins said the measures were needed to free more money for home and community care, mental health and other areas “where increased funding is more important to Ontarians’ health than raising doctors’ incomes.” The annual budget for physician services is $11.6 billion.

The government says Ontario doctors are the best-paid in Canada, earning an average of $368,000 annually before expenses.