A.G. for British Columbia et al. v. Parklane Private Hospital Ltd.

A.G. for British Columbia et al. v. Parklane Private Hospital Ltd.

Parklane was entitled to recover reasonable rates on a quantum meruit basis because the City authorized and accepted care after notice of higher rates and the rates were conceded reasonable; Orders in Council 3103, 4399 and 4400 did not bar recovery because the Social Assistance Act did not plainly establish or empower binding rate‑making applicable to private hospitals and the Residence and Responsibility Act did not authorize retrospective extinguishment of existing claims or limit liabilities to third‑party service providers.

Citation
[1975] 2 SCR 47
Parties
Defendant/appellant/intervenor: Attorney-General for British Columbia; Plaintiff/respondent: Parklane Private Hospital Ltd.; Defendant/appellant: The Corporation of the City of Vancouver
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 May 1974
Procedural Posture
Appeal (contract/quasi Contract) / Supreme Court of Canada on Appeal From the Court of Appeal for British Columbia; Judgment Delivered May 27, 1974
Outcome
Appeals dismissed.
Legal Topics
Quantum Meruit, Orders in Council, Regulatory Power, Retroactive Legislation, Social Assistance Funding
Source Language
English
Contract Administrative Law Public Law Statutory Interpretation Quantum Meruit Orders in Council Regulatory Power Retroactive Legislation +1 more

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Parties

Attorney-General for British Columbia

Defendant/appellant/intervenor

Parklane Private Hospital Ltd.

Plaintiff/respondent

The Corporation of the City of Vancouver

Defendant/appellant

Procedural Posture

Appeal (contract/quasi Contract) / Supreme Court of Canada on Appeal From the Court of Appeal for British Columbia; Judgment Delivered May 27, 1974

Legal Issues

  1. 1 Whether plaintiff hospital could recover reasonable rates on a quantum meruit basis for care provided to social assistance patients after giving notice of increased rates
  2. 2 Whether Order in Council 3103 under the Hospital Act barred recovery by vesting rate-setting in the Social Assistance Act
  3. 3 Whether Orders in Council 4399 and 4400 made under the Residence and Responsibility Act validly limited municipal liability and could operate retrospectively to extinguish claims

Ratio Decidendi

Parklane was entitled to recover reasonable rates on a quantum meruit basis because the City authorized and accepted care after notice of higher rates and the rates were conceded reasonable; Orders in Council 3103, 4399 and 4400 did not bar recovery because the Social Assistance Act did not plainly establish or empower binding rate‑making applicable to private hospitals and the Residence and Responsibility Act did not authorize retrospective extinguishment of existing claims or limit liabilities to third‑party service providers.

Court Disposition

Appeals dismissed.

Orders

  • Judgment of the British Columbia Court of Appeal awarding Parklane Private Hospital Ltd. $92,437.70 is affirmed.
  • Appeals by the City of Vancouver and the Attorney‑General for British Columbia are dismissed with costs.