Action No. 0302905 t IN THE COURT OF QUEEN’S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN: DR. MOHAMMED AL-GHAMDI Plaintiff and HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, PEACE COUNTRY HEALTH (FORMERLY HEALTH REGION #8), PEACE COUNTRY HEALTH, A CORPORATION CONSTITUTED UNDER THE REGIONAL HEALTH AUTHORITIES ACT, QUEEN ELIZABETH I HOSPITAL AND CHILD CARE CENTRE "AND QUEEN ELIZABETH Il HOSPITAL, ALBERTA. "HEALTH SERVICES, formerly known as CAPITAL HEALTH Defendants AFFIDAVIT I, Marianne M. Styre, of the City of Edmonton, in the Province of Alberta, MAKE OATH AND SAY THAT: i T am a legal assistant for Parlee McLaws LLP, and as such have personal knowledge of the matters hereinafter deposed to except where stated to be based upon information and belief. %, On June 30, 2008 Parlee McLaws fiiled a Statement of Claim in the Court of Queen's Bench of Alberta as action number 00803 09004. (€3637691.D0C.1}2 3 On June 9, 2009, Parlee McLaws received a letter from counsel for the Defendant Peace Country Health (formerly Health Regional #8) Peace Country Health, a Corporation constituted under the Regional Health Authorities Act (hereinafter “Alberta Health Services”). This letter advised that pursuant to a Ministerial Order the Defendants ceased to be a legal entity on April 1, 2009. This letter further advised that Alberta Health Services is the new corporate entity that owns and operates all of the hospital facilities of the former health regions. We were advised by counsel for the defendant that they would consent to the amendment to the Statement of Claim to reflect this change. Attached hereto and marked as Exhibit “A” to this my Affidavit is a copy of the letter of June 9, 2009. 4. On June 18, 2009, Parlee McLaws received a letter from counsel for Alberta Health Services wherein they attached the Ministerial Order and advised that they would accept service of the Amended Statement of Claim. Attached hereto and marked as Exhibit “B” to this my Affidavit is a copy of the letter of June 18, 2009. 5. I make this Affidavit in support of an application for a Fiat to amend the Statement of Claim to correct the Defendant’s legal corporate status and name. SWORN BEFORE ME at the City) of Calgary, in the Province of ) Alberta, this yof ) June, 2009 ) —anaunare Sl Z 2 Z STYRE x ner for Oaths in and for the Province of Alberta. LORI GLASS sy conmnssion exo pecemaen 31,) June 9, 2009 ROL ase erry e.scey LORI GLASS Parlee MeLaws LLP SF8StON eermas tatiess 700 Cara) 1500, 10180 - 101 Street —a Fémonton AB TSJ 4K1 Attention: K. Colleen Verville Dear Madam: Re:__Dr. Al-Ghamdi v, Peace Country Llealth Region et al ae We heve received notice that you have served this statement of claim on the corporate offices of Pace Country Health. As we had indicated in our correspondence with you in July of 2008, we have becn prepared to accept service on bebalf of Peace Country Health, and we are prepared to accept service now. As you may be aware, Peace Country Health Region ceased to be a legal entity on April 1, 2009 Pursuant to Ministerial Order 93/2008. We can provide you with a copy of that Order if you are having difficulty locating it Alberta Health Services is now the corporate entity that owns and operates all of the hospital facilities of the former health regions. We will consent to an amendment to the Statement of Claim to reflect this change. Given this change in corporate structure as well as the considerable amount of additional interaction between the Plaintiff and the hospital since tho Statement of Claim was filed, we will need some additional time beyond the strict requirements of the Rules to prepare and file a Statement of Defence. We are happy to discuss with you a specific deadline for filing if your client instructs you to insist on a specific date. If an extension is a problem please advise, Please feel free to give me a call if you wish to discuss further. Yours truly, (eonesess.D0c:1)18-Jun-2009 03:55 PM FIELD LP 7804269329 2/8 2000 oxford tower Edmonton, 10235 I0l street Calgary dmonton ATH) 31 Yetlowsnile PIL 780.423 3003 Beet t. Windwich, QC: Shearer SEE aa sin nts sate ane she, A Commissioner | it bata com ier aiver June 18, 2009 in and for ina Province iae2030 e LORIGLASS | .J0U © soveoxnassonBErnesDOSDIRRS!: Shams Yerteam seY Parlee MoLaws LLP VIA REGULAR MAIL & FAX 780-423-2870 1500, 10180 - 101 Street Edmonton AB ‘ISJ 4K1 Attention: K. Colleen Verville Dear Madam: Re: _ Dr, Mohammed Al-Ghamdi v. Peace Country Health, ‘Thank you for your letter of June 11, 2009. ‘As requested, please find atached Ministerial Order 93/2008. As you can see from the M.O., Peace Country Health is now one ofthe "disestablished authorities”. The corporate body that now owns and operates the Queen Elizabeth Ll Hospital in Grande Prairie is Alberta Health Serv Pee ‘We confirm that you will make the appropziate amendments to the Statement of Claim and we will accep( service of the Amended Statement of Claim. ‘Yours truly, DLLP on ‘Brent F. Windwick, Q.C. BPWist Bnelosure {E0708886.D0C%1) LDLAW18-Jun-2009 03:55 PM FIELD LP 7604289329 3/8 MO, #93/2008 WHEREAS, Ministerial Ordor #50/2008 restructured the governance structure of the health services delivery system In Alberta; and WHEREAS, itis necessary to update the membership of the Alberta Health ‘Authority, amend the name of the Alberta Health Authority and update the transition provisions to effect the restructured regional health services delivery system in Alberta: THEREFORE, |, RON LIEPERT, Minister of Health and Wellness, pursuant to the provisions of the Regional Health Authorities Act do hereby order tho following: 4, Repeal M.O. #50/2008, as amended; 2. For all purposes of and in respect of this Ministerial Order, unless there fs something in the subject matter or context inconsistent therewith, the following terms shail have the following meanings, namely ‘a, “Assets” includes all property, assets and rights, real and personal, tangible and intanglble wherever situated and, for greater clarity, Includes ‘without limitation, all lands, fixtures, chattels, equipment, stock-In-trade, inventory, investment property, Current Assets, Contracts, intellectual property including without limitation, patents, trademarks, official marks, industrial designs, copyrights, whether registered or unregistered; b. ‘Capital Assots” includes any asset In respect of which amortization charges are made; c. *Contracts” includes all agreements, contracts, instruments and other commitments, whether oral or written, express or implied, and for greater ‘certainty Includes, without limitation, all agreements for the provision, ecsipt or licensing of goods, servicos, or rights, leases of real or personal property and contracts of employment and pension and other employee benefit plans; 4d. “Current Assets” includes accounts recolvable, contributions recelvable, Inventories and prepaid expenses; e. “Disestablished Authorities" means Aspen Regional Health Authority, Calgary Health Region, Capital Health, Chinook Regional Health Authority, David Thompson Regional Health Authority, Northem Lights Health Region, Palliser Health Region, and Peace Country Health;18-Jun-2009 03:56 PM FIELD LP 7804269329 4/8 M.O. #93/2008 {. “Llabiltties® includes accounts payable, accrued vacation pay, deferred operating and capital contributions, long torm debt, life lease deposits, lease obligations, commitments and contingencies; g. ‘Net Assets” means unrestricted and Internally restricted net assets, both ‘as defined in accordance with generally accepted accounting principles; and h. “Transferred Area” means the areas of land within the boundaries of the Disestablished Authorities. 3. Effective December 1, 2008: a. Update the membership of the Aspen Regional Health Authority, Calgary Health Region, Capital Health, Chinook Regional Health Authority, David ‘Thompson Regional Health Authority, East Central Health, Northern Lights Health Region, Palliser Health Region, and Peace Country Health in ‘accordance with the attached Appendix B. b: Repeal Appendix B to M.O. #11/2003 and replace it with the attached Appendix B. c. Repeal Appendix C to M.O. #12/2003, #13/2003, #14/2003, #15/2003, #1612003, #17/2003, #18/2003 and #19/2003 and replace with the attached Appendix B. 4, Effective April 1, 2009: a. The boundaries of East Central Health are amended to encompass all areas within the province of Alberta, with the name of the area to be ‘amendod to the “Alberta Health Region". b. The name of the body corporate which consists of the members of the regional health authority appointed for East Central Health is amended to “Alberta Health Services". c. The members of Alberta Health Services are the members appointed in ‘Appendix A. d. The Transferred Area is hereby transferred to the Alberta Health Region and all of the business and affairs associated with the Transferred Area are taken over by Alberta Health Services. e. Following the transfer described in (d) above, the Disestablished Authorities are disestablished and thelr business and affairs are wound up.18-Jun-2009 03:56 PM FIELD LP 7804289329 5/8 M.O, #93/2008 f. Without limiting the generality of the foregoing, the following provisions apply: i. Any and ail Inferests of the Disestablished Authorities in and to any and all real property or Interests in real property and Capttal Assots of the Disestablished Authorities vest and become the property of Alberta Health Services which shall hereafter be responsible for any Liabilities associated with such real property or interests In real property or Capital Assets; ii. Any and all interosts of the Disestablished Authorities in and to any and all Assets of the Disestablished Authorities vest in Alberta Health Sorvices and any and all Contracts of the Disestablished Authorities are continued unaffected with Alberta Health Services being substituted for the Disestablished Authorities by operation of law and Alberta Health Services shall hereafter be responsible for any Liabilities associated with such Assets and Contracts. if any Contracts of the Disestablished Authoritics contain exclusivity provisions (whereby one or more parties has been granted an exclusive right to provide goods or services to a Disestablished Authority), those ‘exclusivity provisions shall, at the option of Alberta Health Services, ‘only be in respect of, and apply to the geographic region in which the Disestablished Authorities existed as at the date that the term of the Contract commenced. Any and all preferential or other rights to acquire any of the Assets, any and all notices, consents or approvals required pursuant to any Contract and any and ail defaults or breaches: that occur under any Contract by reason of a substitution of or vesting in Alberta Health Services are walved as a result of this Order; ii, Any and all personnel employed by the Disestablished Authorities are the employees of Alberta Health Services, which shall hereafter be responsible for any Liabilities associated with such personnel; iv. Any and all Current Assets of the Disestablished Authorities are transferred to and vest in Alberta Health Services pursuant to clauses (0, Gl), and (fi); v. Any remaining surplus or insufficiency of Net Assets after the above ‘distributions shall be allocated or contributed by Alberta Health Services; vi. Alberta Health Services is hereby directed to complete and perform such remaining obligations and responsibilities of the Disestablished Authorities as might be necessary or desirable In the circumstances, including, without limitation, completion of financial statements and annual reporting requirements for the fiscal year ended March 31, 2008,18-Jun-2009 03:56 PM FIELD LP 7804289329 6/8 ‘M.O. #93/2008 vii. Any existing, or pending, cause of action, claim or llability to prosecution of the Disestablishad Authorities associated with the ‘Transferred Area is unaffected and is assumed by Alberta Health Services; vill. Any breach of notice requirement in any Contract or related to any Current Assets which is effected or triggered by the within transfers Is hereby waived and shall not effect a breach, right of first refusal or adverse impact of any kind as a result of said transfers; ix. Any civil, criminal or administrative action or proceeding pending by or against the Disestablished Authorites associated with the Transferred ‘Area may continue to be prosecuted by or against Alberta Health Services; and x. Aconviction against or a ruling, order or judgment in favour of or against any of the Disestablished Authorities may be enforced by or against Alberta Health Services. g. To effect the provisions of this Order, M.O. #57/94, as amended, is amended by replacing the Appendix attached thersto with Appendix A. attached to this M.O. h, Repeal M.O. #51/94, #52/94, #54/94, #56/94, #00/94, #01/94, #83/94, +#66/94, as amended. i, Repeal M.O. #11/2003, #12/2003, #19/2003, #14/2003, #16/2003, +#17/2003, #18/2003 and #19/2003 as amended. DATED AT EDMONTON, Alberta this day of, 2008. original signed November 19, 2008 RON LIEPERT MINISTER18-Jun-2009 03:56 PM FIELD LP 7804289329 ‘M.O. #93/2008 (Repeals M.O. #50/2008, as amended) APPENDIX B 1. The following persons are appointed as members of the Aspen Regional Health Authority, Calgary Health Region, Capital Health, Chinook Regional Health Authority, David Thompson Ragional Health Authority, East Contral Health, Northern Lights Health Reglon, Palliser Health Region, and Peace Country Health: Name Position Expiry of Term [cen Hughes ‘Member and Chair ‘March 31, 2009, ‘Member . March 31, 2009 Member March 31, 2009) ‘Momber . ‘March 31, 2009, ‘Member : ‘March 31, 2009) Member March 31, 2008 Member a March 31, 2000 | Lori Andreachuk Member March 31,2009. Gord Bonfie ‘Member March 31, 2009 ‘Teri Lynn Bougle______| Member March 34, 2009 im Clifford Member i March 31, 2009, Strater Crowfoot Member, _ March 31, 2009) Tony Franceschini ‘Member March 31, 2008 ‘Andreas Laupacis Member _ March 31, 2009 Gord Winkel Member ‘March 31, 2009 2. The persons appointed above: (a) may be paid remuneration as determined by the Minister from time to time, and (b) hold office until March 31, 2009, or until earller removed at any time without notice at the discretion of the Minister. 71818-Jun-2009 03:57 PM FIELD LP 7604289329 8/8 M.O, #93/2008 (Repeals M.O. #50/2008, as amended) APPENDIX A Alberta Health Services 1. The name of the health region is the "Alberta Health Region". 2. The area of the health region shall consist of all lands within the province of Alberta. 3. The persons named hereunder are appointed in accordance with section 4 of the Regional Health Authorities Act as the members of the regional health authority for the Alberta Health Region and are a body corporate under tha name "Alberta Health Services". Name Position Expiry of Term ] Ken Hughes Member and Chair March 31,2012” | [Jack Ady Member ‘March 31, 2010. Linda Hohot Member ne 31,2011 ‘John Lehners ‘Member oS 1, 2011 rene Lewis, [Member March 31, 2012 ‘Catherine Roozen ‘Member March 31, 2012 Don Sieben Member ‘March 31, 2012 Lori Andreachuk” —____[ Member March 31, 2010 Member March 31, 2011 Member March 31, 2011 Jim Clifford Member. March 31,2010 _ Strater Crowfoot Member March 31,2017 __| “Tony Franceschini Member March 31, 2012 ‘Andreas Laupacis. ‘Member: March 31, 2010, Gord Winkol Member | March 31, 2010 4. The persons appointed under clause 3 of this Appendix (a) may be paid remuneration as determined by the Minister from time to time, and (b) hold offica for the terms specified or until eariler removed at any time without notice at the discration of the Minister.1£5637643,D0C31} -Acionna, 0803 OFOOY IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICTOF EDMONTON BETWEEN DR. MOHAMMED AL-GHAMDI Plaintift and HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, PEACE COUNTRY HEALTH (PORMERLY HEALTH REGION #8), PEACE COUNTRY HEALTH, A CORPORATION CONSTITUTED UNDER THE REGIONAL HEALTH AUTHORITIES ACT, QUEEN ELIZABETH IL HOSPITAL AND CHILD CARE CENTRE AND (QUEEN ELIZABETH II HOSPITAL, ALBERTA HEALTH SERVICES, formerly known as CAPITAL HEALTH Defendants AFFIDAVITOPMARIANNESTYRE DATED JUNE 26, 2009 arlee McLaws LP Barristers and Solicitors 1500, 10180-101 Street Edmonton, Alberta 75) 4K1 K. Colleen Vervile ‘Telephone: (780) 423-8650 Facsimile: (780) 423-2870 Solicitor for the Plaintiff File Number: 67953-1/KCV