A private medical clinic that launched an unsuccessful constitutional challenge of CanadaB次元官网网址檚 public health care system must pay the B.C. governmentB次元官网网址檚 legal costs, after what a judge calls a B次元官网网址済ruelling marathonB次元官网网址� of a case.

Cambie Surgeries Corp. launched a lawsuit back in 2009, claiming B.C.B次元官网网址檚 Medicare Protection Act was unconstitutionally preventing people from getting private health care when the public system was unable to provide it.

The B.C. Supreme Court, the B.C. Court of Appeal and the Supreme Court of Canada all shot down the private surgery clinicB次元官网网址檚 case, but the issue of trial costs was left in the air.

B.C. Supreme Court Justice Jennifer Lynn Whately ruled Monday that Cambie Surgeries should pay the Attorney General of British ColumbiaB次元官网网址檚 trial costs, calling the long-running litigation B次元官网网址減rodigiously lengthy and complex.B次元官网网址�

The ruling says the lawsuit by Cambie Surgeries was being funded by the Canadian Constitution Foundation.

The ruling doesnB次元官网网址檛 specify the provinceB次元官网网址檚 costs, but the foundation said last year the B.C. government was seeking $1.7 million from the charitable foundation and B次元官网网址渋ts partners.B次元官网网址�

The court ruling says the government argued that Cambie Surgeries was a B次元官网网址渨ell-resourcedB次元官网网址� party that had a financial stake in the outcome of the case, rather than a public-interest litigant going to bat for patients let down by the public health care system.

It says the B.C. government claimed the private clinic was making B次元官网网址渢ens of millionsB次元官网网址� in profit by violating the public health care protection law.

The judge found that Cambie SurgeriesB次元官网网址� financial interest in winning the case B次元官网网址渓ikely preclude them from being considered true public interest litigants.B次元官网网址�

Whately found that the case B次元官网网址渋nvolved matters of great importance to all British Columbians, not only in a legal sense, but in terms of the practical, day-to-day impact on access to health care, the funding of health care services, and the principles that uphold our public health care system.B次元官网网址�

The private clinic said the case involved B次元官网网址渘ovelB次元官网网址� legal issues and assessing the B次元官网网址済overnmentB次元官网网址檚 constitutional obligations to provide public health care within a reasonable time, and the B次元官网网址榩ractical consequencesB次元官网网址� that must be associated to the failure to do so.B次元官网网址�

Both sides tried to blame one another for the case dragging on, with the Attorney General of B.C. citing B次元官网网址渆gregiousB次元官网网址� conduct around document disclosure, experts and witnesses while pursuing a meritless claim under the Charter.

Cambie Surgeries and the other plaintiffs, on the other hand, said the B.C. government had its B次元官网网址渙wn B次元官网网址榤assiveB次元官网网址� shortcomings in document disclosure and production, and that it derailed the litigation process.

The case eventually went to trial in 2016 and spanned four years before the B.C. Supreme Court ruled against Cambie Surgeries. That decision was upheld by the B.C. Court of Appeal, before the Supreme Court of Canada denied leave for a further appeal.

Neither the Attorney GeneralB次元官网网址檚 office nor clinic owner Dr. Brian Day immediately responded to a request for comment on the ruling.