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Private Vancouver clinic celebrates court victory in case over ‘extra billing’ fines

Dr. Brian Day at his Cambie Surgery Centre office in Vancouver in February 2006. Bayne Stanley / CP

A private Vancouver clinic spearheading a constitutional battle against the province is celebrating a victory.

The B.C. government and Dr. Brian Day of the Cambie Surgery Centre have been locked in a court battle over so-called “extra billing.” Extra billing is described as when doctors bill patients privately for publicly-insured medical procedures.

Last month, the provincial government announced it would start penalizing medical providers with stiff fines if they violated a ban on “extra billing,” but Cambie Surgery Centre filed an injunction to the stop the penalties while the case is before the Supreme Court.

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On Friday, a judge sided with the clinic saying some patients would suffer while waiting for care.

Day says he’s pleased with the decision.

“We are the only country on Earth where there are rules that say you cannot use private insurance to access health care when the state system won’t give you access,” said Day.

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