Province nixes OMA arbitration

Medical group says Ford government is violating its legal obligation

The provincial government has pulled the plug on arbitration with the Ontario Medical Association, stating it has lost confidence in the organization’s ability to represent its members after some high-paid specialists voted to break away.

But the OMA still plans to participate in the process and argues that provincial law allows for arbitration to continue, even if one side pulls out. The OMA charges that the government is violating a legal agreement for a “binding arbitration framework” that the two parties signed off on last year. The majority of OMA members also voted in favour of the process.

The development is the latest snag in what has been a tumultuous, almost five-year dispute aimed at achieving a new fee contract.

It comes two weeks after a group of high-billing specialists — faced with the prospect of fee cuts — voted to split from the OMA. The group, which calls itself the Ontario Specialists Association (OSA), wrote to Health Minister Christine Elliott on Nov. 30 and requested that the arbitration process, as it relates to them, be “immediately suspended pending the extraction of the OSA specialist groups.”

The letter, a copy of which has been obtained by the Star, is signed by radiologist Dr. David Jacobs, who has spearheaded the split. He is vice-president of the Ontario Association of Radiologists and an outspoken supporter of Premier Doug Ford.

The government’s negotiating team sent a letter to arbitrator William Kaplan on Monday evening, saying it “lacks confidence that the OMA can deliver on the outcome of any arbitration decision.”

The letter, which has also been obtained by the Star, goes on to say: “Consequently, the (health ministry) cannot agree to the continuation of the arbitration proceeding.”

But a subsequent letter to Kaplan, this one from the OMA, quotes the Arbitration Act, which states that arbitration must continue, even if one party fails to appear, unless a “satisfactory explanation” is provided.

“It is our position that the hearings must proceed as scheduled,” states the letter signed by lawyers Howard Goldblatt and Steven Barrett, who represent the OMA.

“The (government’s) suggestion that it can unilaterally discontinue these proceedings is unprecedented (and) an affront to the rule of law … which insists the government is not above the law, and must comply with its legal and contractual commitments,” it reads.

The letter goes on to argue that the arbitrator should not take heed of the government’s “unfounded and totally erroneous” suggestion that the OMA is unable to deliver on the outcome of an arbitration decision.

The letter finishes with: “We assume that the (government) and its council is aware of the potential consequences of their non-attendance.”

It’s unclear what those consequences would be.

Press secretaries for Ford and Elliott didn’t respond to numerous questions in emails from the Star on Tuesday.

For more than a week, the Star has asked the government if it will recognize the breakaway group. The government said it was seeking legal advice.

Late Tuesday, OMA leaders emailed the organization’s 31,000 practising members, charging that the government is trying to “undermine the OMA’s legal right to represent Ontario’s doctors.”